HomeMy WebLinkAbout2020-22 - Approving Zoning Code Amendment No. CA2014-009 and Planned Community Development Plan No. PC2020-002 Establishing the Newport Airport Village Planned Community Development Located at 4341, 4361, and 4501 Birch Street; 4320, 4340, 4360, 4400, 450ORDINANCE NO. 2020-22
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, APPROVING ZONING
CODE AMENDMENT NO. CA2014-009 AND PLANNED
COMMUNITY DEVELOPMENT PLAN NO. PC2020-002
ESTABLISHING THE NEWPORT AIRPORT VILLAGE
PLANNED COMMUNITY DEVELOPMENT LOCATED AT
4341, 4361, AND 4501 BIRCH STREET; 4320, 4340, 4360,
4400, 4500, 4520, 4540, 4570, 4600 AND 4630 CAMPUS
DRIVE; AND 4525, 4533, AND 4647 MACARTHUR
BOULEVARD (PA2014-225)
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the
City Council with the authority to make and enforce all laws, rules and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in the
Charter and the State Constitution, and the power to exercise, or act pursuant to any and
all rights, powers, and privileges, or procedures granted or prescribed by any law of the
State of California;
WHEREAS, an application was filed by Saunders Property Company ("Applicant")
with respect to property located at 4341, 4361, and 4501 Birch Street; 4320, 4340, 4360,
4400, 4500, 4520, 4540, 4570, 4600 and 4630 Campus Drive; and 4525, 4533, and 4647
MacArthur Boulevard within the northerly portion of the Campus Tract, generally bounded
by Birch Street, Campus Drive, MacArthur Boulevard and the extension of Corinthian
Way, legally described on Exhibit A, which is attached hereto and incorporated herein by
reference ("Property");
WHEREAS, the Property is designated AO (Airport Office and Supporting Uses) by
the City of Newport Beach General Plan ("General Plan") Land Use Element and is located
within the OA (Office -Airport) Zoning District;
WHEREAS, the Applicant proposes a Planned Community Development Plan that
would allow redevelopment of the 16.46 -acre Property with up to 329 residential dwelling
units, exclusive of any density bonus as allowed pursuant to California Government Code
Section 65915, and up to 297,572 square feet of office, retail, and commercial uses
("Project") which require the following approvals from the City of Newport Beach ("City"):
• General Plan Amendment (GP2014-004) ("GPA") — A request to amend the
General Plan Land Use Designation of the Property from AO (Airport Office and
Supporting Uses) to MU -H2 (Mixed -Use Horizontal 2) and to amend Table LU2
(Anomaly Locations) to add Anomaly No. 86 to allow for the development of 329
dwelling units, exclusive of any permitted density bonus, and 297,572 square feet
of commercial uses;
Ordinance No. 2020-22
Page 2 of 6
• Zoning Code Amendment (CA2014-009) — A request to change the zoning
designation of the Property from OA (Office -Airport) to PC -60 (Newport Airport
Village Planned Community);
• Planned Community Development Plan (PC2020-002) — A request to adopt the
Newport Airport Village Planned Community Development Plan ("PCDP") which
sets the development design and use standards for the Property;
• Development Agreement (DA2014-003) ("Development Agreement") — A request
for a development agreement between the Applicant and the City, which would
provide vested rights to develop the Property, while also providing negotiated
public benefits; and
• Addendum to the 2006 General Plan Update and 2014 General Plan Land Use
Element Amendment Environmental Impact Reports (ER2020-002) — Pursuant to
the California Environmental Quality Act ("CEQA"), the Addendum to the 2006
General Plan Update Program Environmental Impact Report ("PEIR") and 2014
General Plan Land Use Element Supplemental Environmental Impact Report
("SEIR") will address reasonably foreseeable environmental impacts resulting from
the Project;
WHEREAS, the Project is not located in the coastal zone; therefore, amending the
Local Coastal Program or a coastal development permit is not required;
WHEREAS, a telephonic study session was held on April 23, 2020, in the Council
Chambers located at 100 Civic Center Drive, Newport Beach, California, due to the
Declaration of a State Emergency and Proclamation of Local Emergency related to
COVID-19 to introduce the Project to the Planning Commission;
WHEREAS, a telephonic public hearing was held by the Planning Commission on
June 4, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach,
California, due to the Declaration of a State Emergency and Proclamation of Local
Emergency related to COVID-19. A notice of time, place and purpose of the public hearing
was given in accordance with California Government Code Section 54950 et seq. ("Ralph
M. Brown Act") and Chapter 20.62 (Public Hearings) of the Newport Beach Municipal
Code ("NBMC"). Evidence, both written and oral, was presented to, and considered by,
the Planning Commission at this public hearing;
WHEREAS, at the hearing, the Planning Commission adopted Resolution No.
PC2020-020 by a unanimous vote (6 ayes, 0 nays) recommending the City Council
approve the Project;
Ordinance No. 2020-22
Page 3 of 6
WHEREAS, due to the proposed amendments to the General Plan and the
Property's zoning regulations, California Public Utilities Code Section 21676(b) requires
the City to refer the Project to the Orange County Airport Land Use Commission ("ALUC")
for a determination of the Project's consistency with the Airport Environs Land Use Plan
("AELUP") for the John Wayne Airport;
WHEREAS, on July 16, 2020, the ALUC voted (6 ayes, 0 nays) finding the Project
inconsistent with the AELUP;
WHEREAS, telephonic public hearings were held by the City Council on
September 8, 2020 and September 22, 2020, in the Council Chambers located at 100
Civic Center Drive, Newport Beach, California, due to the Declaration of a State
Emergency and Proclamation of Local Emergency related to COVID-19. A notice of time,
place and purpose of the public hearings were given in accordance with Public Utilities
Code Section 21676(b), the Ralph M. Brown Act, and Chapters 15.45 (Development
Agreements), 20.56 (Planning Community District Procedures) and 20.62 (Public
Hearings) of the NBMC. Evidence, both written and oral, was presented to, and
considered by, the City Council at these public hearings;
WHEREAS, pursuant to California Public Utilities Code Sections 21676(b), the City
Council adopted Resolution No. 2020-83, thereby finding the Project consistent with the
purpose of the State Aeronautics Act and overriding the finding of inconsistency with the
AELUP;
WHEREAS, the PCDP meets the intent and purpose of Section 20.56.010
(Purpose) of the NBMC in that PC -60 provides for the classification and development of
16.46 acres developed land;
WHEREAS, permitted and conditionally permitted uses have been classified,
including residential, commercial, and airport supporting uses and development and use
standards have been included in the PCDP to ensure future use of the Property does not
impact the surrounding area;
WHEREAS, in order to allow the diversification of uses, PC -60 provides two
planning areas: Planning Area 1 allows residential and mixed-use development, while
Planning Area 2 allows nonresidential development which will allow future development
of PC -60 to be consistent with the goals and policies of the MU -H2 (Mixed -Use Horizontal
2) land use designation horizontal mixed-use standards;
WHEREAS, to ensure the two planning areas relate to each other and can be
integrated, the PCDP requires internal pedestrian and bicycle connection; and
Ordinance No. 2020-22
Page 4 of 6
WHEREAS, future development of the Property affected by the proposed
amendments will be consistent with the goals and policies of the Land Use Element of
the General Plan along with the purpose and intent of PC -60.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: The City Council has considered the recommendation of the
Planning Commission and has determined that modifications to the Project made by the
City Council, if any, are not major changes that require referral back to the Planning
Commission for consideration and recommendation.
Section 2: The City Council hereby approves Zoning Code Amendment No.
CA2014-009 to rezone the Property from OA (Office -Airport) to PC -60 (Newport Airport
Village Planned Community) as depicted in Exhibit B, which is attached hereto and
incorporated herein by reference.
Section 3: The City Council hereby approves the Planned Community
Development Plan No. PC2020-002 (Newport Airport Village Planned Community
Development Plan) as depicted in Exhibit C, which is attached hereto and incorporated
herein by reference, thereby establishing the permitted uses, development standards,
and design guidelines for the Property.
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.
Ordinance No. 2020-22
Page 5 of 6
Section 6: Environmental Impact Report Addendum No. ER2020-02 was
prepared for the Project in compliance with California Public Resources Code Section
21000 et seq. ("CEQA"), CEQA Guidelines as set forth in California Code of Regulations,
Title 14, Division 6, Chapter 3, and City Council Policy K-3. On the basis of the entire
environmental review record, the Project will not result in any new significant impacts that
were not previously analyzed in the PEIR for the General Plan 2006 Update (SCH No.
2006011119) or the SEIR for the 2014 update to the Land Use Element of the General
Plan (SCH No. 2013101064). The potential impacts associated with this Project would
either be the same or less than those described in either the PEIR or SEIR that have been
appropriately mitigated. In addition, there are no substantial changes to the
circumstances under which the Project would be undertaken that would result in new or
more severe environmental impacts than previously addressed in either the PEIR or
SEIR, nor has any new information regarding the potential for new or more severe
significant environmental impacts been identified. In accordance with Section 15164 of
the CEQA Guidelines, the City Council adopted Resolution No. 2020-78, thereby adopting
an addendum to the previously adopted PEIR and SEIR. Resolution No. 2020-78,
including all findings contained therein, is hereby incorporated by reference.
Section 7: Except as expressly modified in this ordinance, all other sections,
subsections, terms, clauses and phrases set forth in the NBMC shall remain unchanged
and shall be in full force and effect.
Section 8: 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.
Ordinance No. 2020-22
Page 6 of 6
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 8th day of September, 2020, and adopted on the 22nd day
of September, 2020, by the following vote, to -wit:
AYES: Mayor O'Neill, Mayor Pro Tem Avery Council Member Brenner Council
Member Dixon, Council Member Duffield Council Member Herdman
Council Member Muldoon
NAYS:
ABSENT:
ATTEST:
A
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY TTORNEY'S OFFICE
AA ON C. HARP, CITY A TORNEY
WILL O'NEILL, MAYOR
E
C`�/FURNi�
Attachments: Exhibit A - Legal Description
Exhibit B - Zoning Map
Exhibit C - Newport Airport Village Planned Community Development Plan
PC -60
EXHIBIT "A"
Legal Description
ADDRESS
APN
LEGAL DESCRIPTION
4361 Birch Street,
427-121-23
THE LAND REFERRED TO HEREIN BELOW IS SITUATED
Newport Beach
NEWPORT BEACH IN THE COUNTY OF ORANGE, STATE OF
CA
CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
LOTS 7, 8, 9 AND 10 OF TRACT NO. 5169, IN THE CITY OF
NEWPORT BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 190,
PAGES 11, 12 AND 13 OF MISCELLANEOUS MAPS, RECORDS
OF ORANGE COUNTY, CALIFORNIA.
SAID LAND IS ALSO SHOWN AS PARCEL 1 ON LOT LINE
ADJUSTMENT 93-5, RECORDED DECEMBER 8, 1993 AS
INSTRUMENT NO. 93-0854901, OFFICIAL RECORDS.
EXCEPTING THEREFROM ANY AND ALL OIL, OIL RIGHTS,
MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS AND
OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN,
GEOTHERMAL STEAM, AND OTHER MATERIAL RESOURCES
AND ALL PRODUCTS DERIVED FROM ANY OF THE
FOREGOING, THAT MAY BE WITHIN OR UNDER THE LAND,
TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING,
MINING, EXPLORING AND OPERATING THEREFOR AND
STORING IN AND REMOVING THE SAME FROM THE LAND OR
ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR
DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN
THOSE CONVEYED HEREBY, OIL OR GAS WELLS, TUNNELS
AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE
OF THE LAND, AND TO BOTTOM SUCH WHIPSTOCKED OR
DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS
UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS
THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN,
REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES;
WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE,
EXPLORE AND OPERATE THROUGH THE SURFACE OR THE
UPPER 500 FEET OF THE SUBSURFACE OF THE LAND, AS
RESERVED IN THE GRANT DEED RECORDED APRIL 9, 1993 AS
INSTRUMENT NO. 93-0237996 OF OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM ANY AND ALL WATER, RIGHTS
OR INTERESTS THEREIN, NO MATTER HOW ACQUIRED BY
GRANTOR, AND OWNED OR USED BY GRANTOR IN
CONNECTION WITH OR WITH RESPECT TO THE LAND,
TOGETHER WITH THE RIGHT AND POWER TO EXPLORE,
DRILL, REDRILL, REMOVE AND STORE THE SAME FROM THE
LAND OR TO DIVERT OR OTHERWISE UTILIZE SUCH WATER,
RIGHTS OR INTERESTS ON ANY OTHER PROPERTY OWNED
OR LEASED BY GRANTOR, WHETHER SUCH WATER RIGHTS
SHALL BE RIPARIAN, OVERLYING APPROPRIATIVE, LITTORAL,
PERCOLATING, PRESCRIPTIVE, ADJUDICATED, STATUTORY
OR CONTRACTUAL; BUT WITHOUT, HOWEVER, ANY RIGHT TO
ENTER UPON THE SURFACE OF THE LAND IN THE EXERCISE
OF SUCH RIGHTS, AS RESERVED IN THE GRANT DEED
RECORDED APRIL 9, 1993 AS INSTRUMENT NO. 93-0237996,
OFFICIAL RECORDS.
4540 Campus
427-111-03
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE
Drive
CITY OF NEWPORT BEACH IN THE COUNTY OF ORANGE,
Newport Beach,
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
CA
PARCEL 1:
LOT 18 OF TRACT NO. 5169, IN THE CITY OF NEWPORT BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 190, PAGES 11 THROUGH 13, INCLUSIVE
ADDRESS
JAPN
I LEGAL DESCRIPTION
OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
EXCEPT ANY AND ALL OIL, OIL RIGHTS, MINERALS, MINERAL
RIGHTS, NATURAL GAS RIGHTS, AND OTHER
HYDROCARBONS BY WHATSOEVER NAME KNOWN,
GEOTHERMAL STEAM, AND ALL PRODUCTS DERIVED FROM
ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER
THE LAND, TOGETHER WITH THE PERPETUAL RIGHT OF
DRILLING, MINING, EXPLORING AND OPERATING THEREFOR
AND STORING IN AND REMOVING THE SAME FROM THE LAND
OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK
OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER
THAN THOSE CONVEYED HEREBY, OIL OR GAS WELLS,
TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE
SUBSURFACE OF THE LAND, AND TO BOTTOM SUCH
WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS,
TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND
THE EXTERIOR LIMITS THEREOF, AND TO REDRILL,
RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND
OPERATE ANY SUCH WELLS OR MINES; WITHOUT, HOWEVER,
THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE
THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE
SUBSURFACE OF THE LAND, AS RESERVED IN THE DEED
FROM THE IRVINE COMPANY, A MICHIGAN CORPORATION,
RECORDED JUNE 30, 1992 AS INSTRUMENT NO. 92-440215 OF
OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM ANY AND ALL WATER, RIGHTS
OR INTERESTS THEREIN, NO MATTER HOW ACQUIRED BY
GRANTOR, AND OWNED OR USED BY GRANTOR IN
CONNECTION WITH OR WITH RESPECT TO THE LAND,
TOGETHER WITH THE RIGHT AND POWER TO EXPLORE,
DRILL, REDRILL, REMOVE, AND STORE THE SAME FROM THE
LAND OR TO DIVERT OR OTHERWISE UTILIZE SUCH WATER
RIGHTS OR INTERESTS ON ANY OTHER PROPERTY OWNED
OR LEASED BY GRANTOR, WHETHER SUCH WATER RIGHTS
SHALL BE RIPARIAN, OVERLYING, APPROPRIATIVE,
LITTORAL, PERCOLATING, PRESCRIPTIVE, ADJUDICATED,
STATUTORY OR CONTRACTUAL; BUT WITHOUT, HOWEVER,
ANY RIGHT TO ENTER UPON THE SURFACE OF THE LAND IN
THE EXERCISE OF SUCH RIGHTS, AS RESERVED IN THE DEED
FROM THE IRVINE COMPANY, A MICHIGAN CORPORATION,
RECORDED JUNE 30, 1992 AS INSTRUMENT NO. 92-440215 OF
OFFICIAL RECORDS.
PARCEL 2:
AN EASEMENT FOR DRIVEWAY PURPOSES OVER THE
WESTERLY 12 FEET OF THE NORTHERLY 60 FEET OF LOT 17
OF TRACT NO. 5169, IN THE CITY OF NEWPORT BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON
A MAP RECORDED IN BOOK 190, PAGES 11 THROUGH 13,
INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA, AS SET FORTH IN THAT
CERTAIN DECLARATION OF ACCESS EASEMENT, RECORDED
JUNE 30, 1992 AS INSTRUMENT NO. 92-440213 OF OFFICIAL
RECORDS, UPON THE TERMS AND CONDITIONS AS THEREIN
PROVIDED
4340 Campus
427-121-07
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE
Drive
CITY OF NEWPORT BEACH IN THE COUNTY OF ORANGE,
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
ADDRESS
APN
LEGAL DESCRIPTION
Newport Beach,
LOT 29 OF TRACT NO. 3201, IN THE CITY OF NEWPORT BEACH,
CA
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON
A MAP RECORDED IN BOOK 130, PAGES 25 TO 30 INCLUSIVE
OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM ANY AND ALL OIL, OIL RIGHTS,
MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS, AND
OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN,
GEOTHERMAL STEAM, ANY OTHER MATERIAL RESOURCES
AND ALL PRODUCTS DERIVED FROM ANY OF THE
FOREGOING, THAT MAY BE WITHIN OR UNDER THE LAND,
TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING,
MINING, EXPLORING AND OPERATING THEREFOR AND
STORING IN AND REMOVING THE SAME FROM THE LAND OR
ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR
DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN
THOSE CONVEYED HEREBY, OIL OR GAS WELLS, TUNNELS
AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE
OF THE LAND, AND TO BOTTOM SUCH WHIPSTOCKED OR
DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS
UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS
THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN,
REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES;
WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE,
EXPLORE AND OPERATE THROUGH THE SURFACE OR THE
UPPER 500 FEET OF THE SUBSURFACE OF THE LAND, AS
RESERVED BY THE IRVINE COMPANY IN DEED RECORDED
FEBRUARY 4, 1994 AS INSTRUMENT NO. 94-0085581 OF
OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM ANY AND ALL WATER, RIGHTS
OR INTERESTS THEREIN, NO MATTER HOW ACQUIRED BY
GRANTOR, AND OWNED OR USED BY GRANTOR IN
CONNECTION WITH OR WITH RESPECT TO THE LAND,
TOGETHER WITH THE RIGHT AND POWER TO EXPLORE,
DRILL, REDRILL, REMOVE AND STORE THE SAME FROM THE
LAND OR TO DIVERT OR OTHERWISE UTILIZE SUCH WATER,
RIGHTS OR INTERESTS ON ANY OTHER PROPERTY OWNED
OR LEASED BY GRANTOR, WHETHER SUCH WATER RIGHTS
SHALL BE RIPARIAN, OVERLYING, APPROPRIATIVE,
LITTORAL, PERCOLATING, PRESCRIPTIVE, ADJUDICATED,
STATUTORY OR CONTRACTUAL; BUT WITHOUT, HOWEVER,
ANY RIGHT TO ENTER UPON THE SURFACE OF THE LAND IN
THE EXERCISE OF SUCH RIGHTS AS RESERVED IN THE DEED
RECORDED FEBRUARY 4, 1994 AS INSTRUMENT NO. 94-
0085581 OF OFFICIAL RECORDS
4400 Campus
427-121-09
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE
Drive
CITY OF NEWPORT BEACH IN THE COUNTY OF ORANGE,
Newport Beach,
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
CA
LOT 31 OF TRACT NO. 3201, IN THE CITY OF NEWPORT BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 130, PAGE(S) 25 THROUGH 30,
INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM ANY AND ALL OIL, OIL RIGHTS,
MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS, AND
OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN,
GEOTHERMAL STEAM, ANY OTHER MATERIAL RESOURCES
AND ALL PRODUCTS DERIVED FROM ANY OF THE
ADDRESS
APN
LEGAL DESCRIPTION
FOREGOING, THAT MAY BE WITHIN OR UNDER THE LAND,
TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING,
MINING, EXPLORING AND OPERATING THEREFOR AND
STORING IN AND REMOVING THE SAME FROM THE LAND OR
ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR
DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN
THOSE CONVEYED HEREBY, OIL OR GAS WELLS, TUNNELS
AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE
OF THE LAND, AND TO BOTTOM SUCH WHIPSTOCKED OR
DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS
UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS
THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN,
REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES;
WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE,
EXPLORE AND OPERATE THROUGH THE SURFACE OR THE
UPPER 500 FEET OF THE SUBSURFACE OF THE LAND, AS
RESERVED BY THE IRVINE COMPANY IN DEED RECORDED
DECEMBER 20, 1991 AS INSTRUMENT NO. 91-702340, OF
OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM ANY AND ALL WATER, RIGHTS
OR INTERESTS THEREIN, NO MATTER HOW ACQUIRED BY
GRANTOR, AND OWNED OR USED BY GRANTOR IN
CONNECTION WITH OR WITH RESPECT TO THE LAND,
TOGETHER WITH THE RIGHT AND POWER TO EXPLORE,
DRILL, REDRILL, REMOVE AND STORE THE SAME FROM THE
LAND OR TO DIVERT OR OTHERWISE UTILIZE SUCH WATER,
RIGHTS OR INTERESTS ON ANY OTHER PROPERTY OWNED
OR LEASED BY GRANTOR, WHETHER SUCH WATER RIGHTS
SHALL BE RIPARIAN, OVERLYING, APPROPRIATIVE,
LITTORAL, PERCOLATING, PRESCRIPTIVE, ADJUDICATED,
STATUTORY OR CONTRACTUAL; BUT WITHOUT, HOWEVER,
ANY RIGHT TO ENTER UPON THE SURFACE OF THE LAND IN
THE EXERCISE OF SUCH RIGHTS AS RESERVED IN THE DEED
RECORDED DECEMBER 20, 1991 AS INSTRUMENT NO. 91-
702340, OF OFFICIAL RECORDS
4570 Campus
427-111-04
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE
Drive
CITY OF NEWPORT BEACH IN THE COUNTY OF ORANGE,
Newport Beach,
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
CA
PARCEL 1:
LOT 17 OF TRACT NO. 5169, IN THE CITY OF NEWPORT BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 190, PAGES 11 THROUGH 13, INCLUSIVE
OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAND COUNTY.
EXCEPTING THEREFROM ALL MINERALS, OIL, GAS,
PETROLEUM, OTHER HYDROCARBON SUBSTANCES AND ALL
UNDERGROUND WATER IN OR UNDER OR WHICH MAY BE
PRODUCED FROM SAID LAND WHICH UNDERLIES A PLANE
PARALLEL TO AND 500 FEET FROM THE PRESENT SURFACE
OF SAID LAND FOR THE PURPOSE OF PROSPECTING FOR,
THE EXPLORATION, DEVELOPMENT, PRODUCTION,
EXTRACTION AND TAKING OF SAID MINERALS, OIL, GAS,
PETROLEUM, OTHER HYDROCARBON SUBSTANCES AND
WATER FROM SAID LAND BY MEANS OF MINES, WELLS,
DERRICKS, OTHER EQUIPMENT FROM SURFACE LOCATIONS
ON ADJOINING OR NEIGHBORING LAND OR LYING OUTSIDE
OF THE ABOVE DESCRIBED LAND, IT BEING UNDERSTOOD
THAT THE OWNER OF SUCH MINERALS, OIL GAS,
ADDRESS
APN
LEGAL DESCRIPTION
PETROLEUM, OTHER HYDROCARBON SUBSTANCES AND
WATER AS SET FORTH ABOVE, SHALL HAVE NO RIGHT TO
ENTER UPON THE SAID LAND OR ANY PORTION THEREOF
ABOVE SAID PLANE PARALLEL TO AND 500 FEET BELOW THE
PRESENT SURFACE OF TI EE SAID LAND FOR ANY PURPOSE
WHATSOEVER.
AS RESERVED BY THE IRVINE COMPANY, A MICHIGAN
CORPORATION IN THE DEED RECORDED FEBRUARY 19, 1993
AS INSTRUMENT NO. 93-107963 OF OFFICIAL RECORDS.
PARCEL 2:
NON-EXCLUSIVE EASEMENTS AS SET FORTH IN THAT
CERTAIN INSTRUMENT ENTITLED "DECLARATION OF ACCESS
EASEMENTS (MACARTHUR/CAMPUS)" DATED JANUARY 30,
1992 AND RECORDED FEBRUARY 20, 1992 AS INSTRUMENT
NO. 92-101692 AS AMENDED AND RESTATED IN AN
INSTRUMENT RECORDED APRIL 16, 1992 AS INSTRUMENT NO.
92-247260, BOTH OF OFFICIAL RECORDS OF ORANGE
COUNTY, CALIFORNIA.
PARCEL 3:
NON-EXCLUSIVE EASEMENTS AS SET FORTH IN THAT
CERTAIN INSTRUMENT ENTITLED "DECLARATION OF ACCESS
EASEMENT. DATED JUNE 17, 1992, AND RECORDED JUNE 30,
1992 AS INSTRUMENT NO. 92- 440213 OF OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA.
4341 Birch Street
427-121-14
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE
Newport Beach
CITY OF NEWPORT BEACH IN THE COUNTY OF ORANGE,
CA
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
LOT 6 OF TRACT NO. 5169, IN THE CITY OF NEWPORT BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON
A MAP RECORDED IN BOOK 190, PAGES 11, 12 AND 13 OF
MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE
COUNTY.
EXCEPT ANY AND ALL OIL, OIL RIGHTS, MINERALS, MINERAL
RIGHTS, NATURAL GAS RIGHTS AND OTHER
HYDROCARBONS BY WHATSOEVER NAME KNOWN,
GEOTHERMAL STEAM, AND ALL PRODUCTS DERIVED FROM
ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER
THE LAND, TOGETHER WITH THE PERPETUAL RIGHT OF
DRILLING, MINING, EXPLORING AND OPERATING THEREFOR
AND STORING IN AND REMOVING THE SAME FROM THE LAND
OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK
OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER
THAN THOSE CONVEYED HEREBY, OIL OR GAS WELLS,
TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE
SUBSURFACE OF THE LAND, AND TO BOTTOM SUCH
WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS,
TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND
THE EXTERIOR LIMITS THEREOF, AND TO REDRILL,
RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND
OPERATE ANY SUCH WELLS OR MINES; WITHOUT, HOWEVER,
THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE
THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE
SUBSURFACE OF THE LAND, AS RESERVED IN THE DEED
FROM THE IRVINE COMPANY, A MICHIGAN CORPORATION,
RECORDED DECEMBER 31, 1991 AS INSTRUMENT NO. 91-
720058 OF OFFICIAL RECORDS.
ALSO EXCEPT ANY AND ALL WATER, RIGHTS OR INTERESTS
THEREIN, NO MATTER HOW ACQUIRED BY GRANTOR, AND
ADDRESS
APN
LEGAL DESCRIPTION
OWNED OR USED BY GRANTOR IN CONNECTION WITH OR
WITH RESPECT TO THE LAND, TOGETHER WITH THE RIGHT
AND POWER TO EXPLORE, DRILL, REDRILL, REMOVE AND
STORE THE SAME FROM THE LAND OR TO DIVERT OR
OTHERWISE UTILIZE SUCH WATER, RIGHTS OR INTERESTS
ON ANY OTHER PROPERTY OWNED OR LEASED BY
GRANTOR, WHETHER SUCH WATER RIGHTS SHALL BE
RIPARIAN, OVERLYING, APPROPRIATIVE, LITTORAL,
PERCOLATING, PRESCRIPTIVE, ADJUDICATED, STATUTORY
OR CONTRACTUAL; BUT WITHOUT, HOWEVER, ANY RIGHT TO
ENTER UPON THE SURFACE OF THE LAND IN THE EXERCISE
OF SUCH RIGHTS, AS RESERVED IN THE DEED FROM THE
IRVINE COMPANY, A MICHIGAN CORPORATION, RECORDED
DECEMBER 31, 1991 AS INSTRUMENT NO. 91-720058 OF
OFFICIAL RECORDS. APN: 427-121-14
4500 and 4520
427-111-01,
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE
Campus Drive
427-111-02
CITY OF NEWPORT BEACH IN THE COUNTY OF ORANGE,
Newport Beach,
and 427-
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
CA
121-10
PARCEL 1 IN THE CITY OF NEWPORT BEACH, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED
IN BOOK 60, PAGE 22 OF PARCEL MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.
4600 Campus
427-111-05
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE
Drive
CITY OF NEWPORT BEACH IN THE COUNTY OF ORANGE,
Newport Beach,
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
CA
PARCEL 1:
LOT 16 OF TRACT NO. 5169, IN THE CITY OF NEWPORT BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 190, PAGES 11 TO 13 INCLUSIVE OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM, ANY AND ALL OIL, OIL RIGHTS,
MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS AND
OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN,
GEOTHERMAL STEAM AND OTHER MATERIAL RESOURCES
AND ALL PRODUCTS DERIVED FROM ANY OF THE
FOREGOING, THAT MAY BE WITHIN OR UNDER THE LAND,
TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING,
MINING, EXPLORING AND OPERATING THEREFOR AND
STORING IN AND REMOVING THE SAME FROM THE LAND OR
ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR
DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN
THOSE CONVEYED HEREBY, OIL OR GAS WELLS, TUNNELS
AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE
OF THE LAND, AND TO BOTTOM SUCH WHIPSTOCKED OR
DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS
UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS
THEREOF AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN,
REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES;
WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE,
EXPLORE AND OPERATE THROUGH THE SURFACE ON THE
UPPER 500 FEET OF THE SUBSURFACE OF THE LAND, AS
RESERVED IN THE DEED BY THE IRVINE COMPANY,
RECORDED FEBRUARY 19, 1993 AS INSTRUMENT N0, 93-
107971, OF OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM ANY AND ALL WATER, RIGHTS
OR INTERESTS THEREIN, NO MATTER HOW ACQUIRED BY
GRANTOR AND OWNED OR USED BY GRANTOR IN
ADDRESS
APN
LEGAL DESCRIPTION
CONNECTION WITH OR WITH RESPECT TO THE LAND
TOGETHER WITH THE RIGHT AND POWER TO EXPLORE,
DRILL, REDRILL, REMOVE AND STORE THE SAME FROM THE
LAND OR TO DIVERT OR OTHERWISE UTILIZE SUCH WATER,
RIGHTS OR INTERESTS ON ANY OTHER PROPERTY OWNED
OR LEASED BY GRANTOR WHETHER SUCH WATER RIGHTS
SHALL BE RIPARIAN, OVERLYING, APPROPRIATIVE,
LITTORAL, PERCOLATING, PRESCRIPTIVE, ADJUDICATED,
STATUTORY OR CONTRACTUAL; BUT WITHOUT, HOWEVER,
ANY RIGHT TO ENTER UPON THE SURFACE OF THE LAND IN
THE EXERCISE OF SUCH RIGHTS, AS RESERVED IN THE DEED
BY THE IRVINE COMPANY, RECORDED FEBRUARY 19, 1993 AS
INSTRUMENT NO. 93-107971, OFFICIAL RECORDS.
PARCEL 2:
NONEXCLUSIVE EASEMENTS AS SET FORTH IN THAT
CERTAIN INSTRUMENT ENTITLED "AMENDED AND RESTATED
OR ACCESS EASEMENTS (MACARTHUR/CAMPUS)", DATED
MARCH 25, 1992, RECORDED APRIL 16, 1992 AS INSTRUMENT
NO. 92-247260, IN THE OFFICIAL RECORDS OF ORANGE
COUNTY, CALIFORNIA.
4360 Campus
427-121-08
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE
Drive
CITY OF NEWPORT BEACH IN THE COUNTY OF ORANGE,
Newport Beach,
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
CA
LOT 30 OF TRACT NO. 3201, IN THE CITY OF NEWPORT BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON
A MAP RECORDED IN BOOK 130, PAGES 25, 26, 27, 28, 29 AND
30 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE
COUNTY CALIFORNIA.
EXCEPT ANY AND ALL OIL, OIL RIGHTS, MINERALS, MINERAL
RIGHTS, NATURAL GAS RIGHTS, AND OTHER
HYDROCARBONS BY WHATSOEVER NAME KNOWN,
GEOTHERMAL STEAM, AND ALL PRODUCTS DERIVED FROM
ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER
THE LAND, TOGETHER WITH THE PERPETUAL RIGHT OF
DRILLING, MINING, EXPLORING AND OPERATING THEREFOR
AND STORING IN AND REMOVING THE SAME FROM THE LAND
OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK
OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER
THAN THOSE CONVEYED HEREBY, OIL OR GAS WELLS,
TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE
SUBSURFACE OF THE LAND, AND TO BOTTOM SUCH
WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS,
TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND
THE EXTERIOR LIMITS THEREOF, AND TO REDRILL,
RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND
OPERATE ANY SUCH WELLS OR MINES; WITHOUT, HOWEVER,
THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE
THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE
SUBSURFACE OF THE LAND, AS RESERVED IN THE DEED
FROM THE IRVINE COMPANY, A MICHIGAN CORPORATION,
RECORDED MARCH 15, 1994 AS INSTRUMENT NO. 94-0179376,
OFFICIAL RECORDS.
ALSO EXCEPT ANY AND ALL WATER, RIGHTS OR INTERESTS
THEREIN, NO MATTER HOW ACQUIRED BY GRANTOR, AND
OWNED OR USED BY GRANTOR IN CONNECTION WITH OR
WITH RESPECT TO THE LAND, TOGETHER WITH THE RIGHT
AND POWER TO EXPLORE, DRILL, REDRILL, REMOVE AND
STORE THE SAME FROM THE LAND OR TO DIVERT OR
J ADDRESS
J APN
LEGAL DESCRIPTION
OTHERWISE UTILIZE SUCH WATER, RIGHTS OR INTERESTS
ON ANY OTHER PROPERTY OWNED OR LEASED BY
GRANTOR, WHETHER SUCH WATER RIGHTS SHALL BE
RIPARIAN, OVERLYING, APPROPRIATIVE, LITTORAL,
PERCOLATING, PRESCRIPTIVE, ADJUDICATED, STATUTORY
OR CONTRACTUAL; BUT WITHOUT, HOWEVER, ANY RIGHT TO
ENTER UPON THE SURFACE OF THE LAND IN THE EXERCISE
OF SUCH RIGHTS, AS RESERVED IN THE DEED FROM THE
IRVINE COMPANY, A MICHIGAN CORPORATION, RECORDED
MARCH 15, 1994 AS INSTRUMENT NO. 94-0179376, OFFICIAL
RECORDS.
4501 Birch Street
427-111-10
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE
Newport Beach,
CITY OF NEWPORT BEACH IN THE COUNTY OF ORANGE,
CA
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
LOT 12 OF TRACT NO. 5169, IN THE CITY OF NEWPORT BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON
A MAP RECORDED IN BOOK 190. PAGES 11 TO 13 INCLUSIVE
OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
EXCEPT ANY AND ALL OIL, OIL RIGHTS, MINERALS, MINERAL
RIGHTS, NATURAL GAS RIGHTS, AND OTHER
HYDROCARBONS BY WHATSOEVER NAME KNOWN,
GEOTHERMAL STEAM, AND ALL PRODUCTS DERIVED FROM
ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER
THE LAND, TOGETHER WITH THE PERPETUAL RIGHT OF
DRILLING, MINING, EXPLORING AND OPERATING THEREFOR
AND STORING IN AND REMOVING THE SAME FROM THE LAND
OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK
OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER
THAN THOSE CONVEYED HEREBY, OIL OR GAS WELLS,
TUNNELS AND SHAFTS INTO, THROUGH OR. ACROSS THE
SUBSURFACE OF THE LAND, AND TO BOTTOM SUCH
WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS,
TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND
THE EXTERIOR LIMITS THEREOF, AND TO REDRILL,
RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND
OPERATE ANY SUCH WELLS OR MINES; WITHOUT, HOWEVER,
THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE
THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE
SUBSURFACE OF THE LAND, AS RESERVED IN THE DEED
FROM THE IRVINE COMPANY, A MICHIGAN CORPORATION,
RECORDED JANUARY 10, 1992 AS INSTRUMENT NO. 92-
015047, OFFICIAL RECORDS.
ALSO EXCEPT ANY AND ALL WATER, RIGHTS OR INTERESTS
THEREIN, NO MATTER HOW ACQUIRED BY GRANTOR, AND
OWNED OR USED BY GRANTOR IN CONNECTION WITH OR
WITH RESPECT TO THE LAND, TOGETHER WITH THE RIGHT
AND POWER TO EXPLORE, DRILL, REDRILL, REMOVE AND
STORE THE SAME FROM THE LAND OR TO DIVERT OR
OTHERWISE UTILIZE SUCH WATER, RIGHTS OR INTERESTS
ON ANY OTHER PROPERTY OWNED OR LEASED BY
GRANTOR, WHETHER SUCH WATER RIGHTS SHALL BE
RIPARIAN, OVERLYING, APPROPRIATIVE, LITTORAL,
PERCOLATING, PRESCRIPTIVE, ADJUDICATED, STATUTORY
OR CONTRACTUAL; BUT WITHOUT, HOWEVER, ANY RIGHT TO
ENTER UPON THE SURFACE OF THE LAND IN THE EXERCISE
OF SUCH RIGHTS, AS RESERVED IN THE DEED FROM THE
ADDRESS
J APN
LEGAL DESCRIPTION
IRVINE COMPANY, A MICHIGAN CORPORATION, RECORDED
JANUARY 10, 1992 AS INSTRUMENT NO. 92-015047, OFFICIAL
RECORDS.
PARCEL 2:
A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS
OVER THAT PORTION OF LOT 13 OF TRACT NO. 5169, IN THE
CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 190, PAGES
11 TO 13 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT;
THENCE NORTH 290 52' 01" WEST 327.33 FEET TO THE MOST
WESTERLY CORNER OF SAID LOT; THENCE NORTH 520 01'58"
EAST 24.24 FEET ALONG THE NORTHWESTERLY LINE OF SAID
LOT TO THE NORTHWESTERLY PROLONGATION OF A LINE
PARALLEL WITH AND NORTHEASTERLY 24.00 FEET FROM
THE SOUTHWESTERLY LINE OF SAID LOT; THENCE SOUTH
290 52' 10" EAST 331.81 FEET ALONG SAID PROLONGATION,
SAID PARALLEL LINE AND THE SOUTHERLY PROLONGATION
THEREOF TO A POINT ON A CURVE IN THE SOUTHERLY LINE
OF SAID LOT, SAID CURVE BEING CONCAVE SOUTHERLY,
HAVING A RADIUS OF 272.00 FEET, A RADIAL TO SAID POINT
BEARS NORTH 240 48' 17" WEST; THENCE WESTERLY 24.03
FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
5° 03'44" OF THE POINT OF BEGINNING.
4630 Campus
427-111-06
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE
Drive
CITY OF NEWPORT BEACH IN THE COUNTY OF ORANGE,
Newport Beach,
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
CA
PARCEL 1:
LOT 15 OF TRACT NO. 5169, IN THE CITY OF NEWPORT BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 190, PAGES 11 TO 13 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM, ANY AND ALL OIL, OIL RIGHTS,
MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS AND
OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN
GEOTHERMAL STEAM, ANY OTHER MATERIAL RESOURCES
AND ALL PRODUCTS DERIVED FROM ANY OF THE
FOREGOING, THAT MAY BE WITHIN OR UNDER THE LAND,
TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING,
MINING, EXPLORING AND OPERATING THEREFOR AND
STORING IN AND REMOVING THE SAME FROM THE LAND OR
ANY OTHER LAND INCLUDING THE RIGHT TO WHIPSTOCK OR
DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN
THOSE CONVEYED HEREBY, OIL OR GAS WELLS, TUNNELS
AND SHAFTS INTO THROUGH OR ACROSS THE SUBSURFACE
OF THE LAND, AND TO BOTTOM SUCH WHIPSTOCKED OR
DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS
UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS
THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN,
REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES;
WITHOUT HOWEVER, THE RIGHT TO DRILL MINE, STORE,
EXPLORE AND OPERATE THROUGH THE SURFACE OF THE
UPPER 500 FEET OF THE SUBSURFACE OF THE LAND, AS
RESERVED IN THE DEED BY THE IRVINE COMPANY
ADDRESS
JAPN
LEGAL DESCRIPTION
RECORDED FEBRUARY 19, 1993 AS INSTRUMENT NO. 93-
107967, OFFICIAL RECORDS.
PARCEL 2:
NONEXCLUSIVE EASEMENTS AS SET FORTH IN THAT
CERTAIN INSTRUMENT ENTITLED "AM ENDED AND RESTATED
DECLARATION OF ACCESS EASEMENTS
(MACARTHUR/CAMPUS) DATED MARCH 25, 1992 RECORDED
APRIL 16, 1992 AS INSTRUMENT NO. 92-247260, IN THE OFFICE
RECORDS OF ORANGE COUNTY, CALIFORNIA.
PARCEL 3:
NONEXCLUSIVE EASEMENTS AS SET FORTH IN THAT
CERTAIN INSTRUMENT ENTITLED " RECIPROCAL EASEMENT
AGREEMENT AND CONSENT" DATED OCTOBER 14, 1999
RECORDED NOVEMBER 19, 1999 AS INSTRUMENT NO.
19990805278, AND AMENDED BY THE CERTAIN DOCUMENT
ENTITLED "WAIVER AND AMENDMENT TO RECIPROCAL
EASEMENT AGREEMENT" DATED AUGUST 24, 2015
RECORDED AUGUST 28, 2015 AS INSTRUMENT NO.
2015000446662 IN THE OFFICE RECORDS OF ORANGE
COUNTY, CALIFORNIA.
4525, 4533 and
427-111-09
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE
4647 MacArthur
CITY OF NEWPORT BEACH IN THE COUNTY OF ORANGE,
Boulevard
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
Newport Beach,
PARCEL 1:
CA
LOT 13 OF TRACT NO. 5169, IN THE CITY OF NEWPORT BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON
A MAP RECORDED IN BOOK 190, PAGE(S) 11 TO 13 INCLUSIVE,
OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
EXCEPTING ANY AND ALL OIL, OIL RIGHTS, MINERALS,
MINERAL RIGHTS, NATURAL GAS RIGHTS, AND OTHER
HYDROCARBONS BY WHATSOEVER NAME KNOWN,
GEOTHERMAL STEAM, AND ALL PRODUCTS DERIVED FROM
ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER
THE LAND, TOGETHER WITH THE PERPETUAL RIGHT OF
DRILLING, MINING, EXPLORING AND OPERATING THEREFORE
AND STORING IN AND REMOVING THE SAME FROM THE LAND
OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK
OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER
THAN THOSE CONVEYED HEREBY, OIL OR GAS WELLS,
TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE
SUBSURFACE OF THE LAND, AND TO BOTTOM SUCH
WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS,
TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND
THE EXTERIOR LIMITS THEREOF, AND TO REDRILL,
RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND
OPERATE ANY SUCH WELLS OR MINES WITHOUT, HOWEVER,
THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE
THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE
SUBSURFACE OF THE LAND, AS RESERVED IN THE DEED
FROM THE IRVINE COMPANY, A MICHIGAN CORPORATION
RECORDED APRIL 16, 1992.
ALSO EXCEPTING THEREFROM ANY AND ALL WATER, RIGHTS
OR INTERESTS THEREIN, NO MATTER HOW ACQUIRED BY
GRANTOR, AND OWNED OR USED BY GRANTOR IN
CONNECTION WITH OR WITH RESPECT TO THE LAND,
TOGETHER WITH THE RIGHT AND POWER TO EXPLORE,
DRILL, REDRILL, REMOVE AND STORE THE SAME FROM THE
ADDRESS
APN
LEGAL DESCRIPTION
LAND OR TO DIVERT OR OTHERWISE UTILIZE SUCH WATER
RIGHTS OR INTERESTS ON ANY OTHER PROPERTY OWNED
OR LEASED BY GRANTOR, WHETHER SUCH WATER RIGHTS
SHALL BE RIPARIAN, OVERLYING, APPROPRIATIVE,
LITTORAL, PERCOLATING, PRESCRIPTIVE, ADJUDICATED,
STATUTORY OR CONTRACTUAL, BUT WITHOUT, HOWEVER,
ANY RIGHT TO ENTER UPON THE SURFACE OF THE LAND IN
THE EXERCISE OF SUCH RIGHTS, AS RESERVED IN DEED
FROM THE IRVINE COMPANY, A MICHIGAN CORPORATION
RECORDED APRIL 16, 1992.
PARCEL 2:
NON-EXCLUSIVE EASEMENTS AS SET FORTH IN THAT
CERTAIN INSTRUMENT ENTITLED "DECLARATION OF ACCESS
EASEMENTS (MACARTHUR/CAMPUS)" DATED JANUARY 30,
1992 AND RECORDED FEBRUARY 20, 1992 AS INSTRUMENT
NO. 92-101692, OFFICIAL RECORDS AND AMENDED BY
DOCUMENT RECORDED APRIL 16, 1992 AS INSTRUMENT NO.
92-247260, OFFICIAL RECORDS, IN THE OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA.
PARCEL 3:
NON-EXCLUSIVE EASEMENTS AS SET FORTH IN THAT
CERTAIN INSTRUMENT ENTITLED "DECLARATION OF ACCESS
EASEMENTS (BIRCH/MACARTHUR)" DATED JANUARY 30, 1992
AND RECORDED FEBRUARY 20, 1992 AS INSTRUMENT NO. 92-
101691 OFFICIAL RECORDS AND AMENDED BY DOCUMENT
RECORDED APRIL 16, 1992 AS INSTRUMENT NO. 92-247259
OFFICIAL RECORDS IN THE OFFICIAL RECORDS OF ORANGE
COUNTY, CALIFORNIA.
4320 Campus
427-121-06
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE
Drive
CITY OF NEWPORT BEACH IN THE COUNTY OF ORANGE,
Newport Beach,
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
CA
LOT 28 OF TRACT NO. 3201, IN THE CITY OF NEWPORT BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON
A MAP RECORDED IN BOOK 130, PAGES 25 THROUGH 30,
INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM ANY AND ALL OIL, OIL RIGHTS,
MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS, AND
OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN,
GEOTHERMAL STEAM, ANY OTHER MATERIAL RESOURCES
AND ALL PRODUCTS DERIVED FROM ANY OF THE
FOREGOING, THAT MAY BE WITHIN OR UNDER THE LAND,
TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING,
MINING, EXPLORING AND OPERATING THEREFOR AND
STORING IN AND REMOVING THE SAME FROM THE LAND OR
ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR
DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN
THOSE CONVEYED HEREBY, OIL OR GAS WELLS, TUNNELS
AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE
OF THE LAND, AND TO BOTTOM SUCH WHIPSTOCKED OR
DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS
UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS
THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN,
REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES;
WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE,
EXPLORE AND OPERATE THROUGH THE SURFACE OR THE
UPPER 500 FEET OF THE SUBSURFACE OF THE LAND, AS
RESERVED BY THE IRVINE COMPANY, A MICHIGAN
ADDRESS APN LEGAL DESCRIPTION
CORPORATION, BY DEED RECORDED MAY 6, 1994 AS
INSTRUMENT NO. 94-317183 OF OFFICIAL RECORDS.
EXHIBIT "B"
Zoning Map
EXHIBIT "C"
Newport Airport Village
Planned Community Development Plan
PC -60
NEWPORT AIRPORT VILLAGE
PLANNED COMMUNITY
DEVELOPMENT PLAN
PC -60
Adopted XXXXXX, 2020
Ordinance No. XX -2020
TABLE OF CONTENTS
SECTION
PAGE
I.
INTRODUCTION AND PURPOSE............................................................................................... 1
A.
Introduction............................................................................ ...
..........................................
i
B.
Location................................................................................................................................1
C.
Surrounding Area.................................................................................................. ...............
3
D.
Purpose and Objective.........................................................................................................
4
E.
Relationship to Other Regulations.......................................................................................
4
II.
LAND USE AND DEVELOPMENT REGULATIONS.......................................................................
5
A.
Permitted Uses.....................................................................................................................
6
B.
Prohibited Uses....................................................................................................................
7
C.
Existing Legal Nonconforming Uses and Structures............................................................
7
D.
Land Use Concept................................................................................................................
7
E.
Development Standards — Planning Area 1 (Mixed -Use Residential Area) .........................
8
F.
Development Standards — Planning Area 2 (Non -Residential Area) .................................
12
G.
Additional Development Standards...................................................................................13
III.
ARCHITECTURAL DESIGN CONSIDERATIONS.........................................................................
16
A.
General Principles..............................................................................................................
16
B.
Mixed-Use..........................................................................................................................16
C.
Residential Uses.................................................................................................................
16
D.
Office/Commercial Uses....................................................................................................
17
E.
Conceptual Images to Guide Development.......................................................................
17
IV.
RESIDENTIAL DESIGN GUIDELINES.........................................................................................
21
A.
Architectural Variety..........................................................................................................
21
B.
Windows and Entries.........................................................................................................
21
C.
Massing and articulation....................................................................................................
21
V.
PLAN ADMINISTRATION and implementation......................................................................
22
A.
Permit Review Procedures.................................................................................................
22
B.
Parcel or Tract Maps..........................................................................................................
22
C.
Amendments to Planned Community Development Plan .................................................
22
D.
Administrative Responsibility............................................................................................
22
E.
Enforcement......................................................................................................................
22
Newport Airport Village
TABLE OF CONTENTS
FIGURE
PAGE
Figure1- Vicinity Map.................................................................................................................... 2
Figure2 - Airport Area.................................................................................................................... 2
Figure 3 - Newport Airport Village Planned Community................................................................ 3
Figure4 - Land Use Map................................................................................................................. 5
Figure 5 - Conceptual Development Plan.....................................................................................
10
Figure 6 - Mixed -Use Conceptual Images...................................................................................
188
Figure 7 - Multi -Unit Residential Conceptual Images................................................................... 19
Figure 8 - Office/Commercial Conceptual Images........................................................................ 20
Newport Airport Village
NEWPORT AIRPORT VILLAGE
PLANNED COMMUNITY DEVELOPMENT PLAN (PCDP),
I. INTRODUCTION AND PURPOSE
A. Introduction
The Newport Airport Village Planned Community Development Plan (PCDP) (PC -60) is
envisioned to be a horizontal mixed-use development on an approximately 16.46 -acre
site that is located in the northern portion of the City, near Macarthur Blvd and Campus
Drive. The City of Newport Beach Municipal Code (NBMC) allows a Planned Community
Development Plan to address land use designations and regulations in Planned
Communities. The PCDP serves as the controlling zoning ordinance for the site and is
authorized and intended to implement the provisions of the Newport Beach General Plan.
The maximum buildout of the PCDP would result in 329 residential dwelling units,
exclusive of any density bonus as allowed pursuant to California Government Code
Section 65915; and 297,572 square feet of office, retail, and commercial use.
The Newport Airport Village Planned Community (PC) consists of approximately 16.46
acres and prior to the development pursuant to this PCDP, a variety of commercial
services, including: retail, restaurants, offices, rental car agencies, and other similar uses
were developed. The Newport Airport Village Design Guidelines (contained herein)
provide a conceptual vision of the physical implementation of the project and have been
drafted to assist the City and community to visualize the architectural theme and desired
character of the development. The Design Guidelines also provides the visual and mental
imagery of what the current property owner and City see for the future development of
the PC.
B. Location
As shown in Figures 1 and 2, the PC District is generally located southeast of John Wayne
Airport and within the "Airport Area" Sub -Area as defined by the Newport Beach General
Plan. The Airport Area includes 360 acres in the northernmost portion of Newport Beach,
bounded by Campus Drive to the west and north, Jamboree Road to the east, and Bristol
Street to the south. The City of Irvine is located north and east of the Airport Area. The
Airport Area is proximate to Interstate 405 and State Routes 55 and 73. The Airport Area
initially was a light industrial and commercial office area of Newport Beach, but is
gradually redeveloping into a mixed-use community integrating residential development
with existing non-residential uses consistent with the 2006 Newport Beach General Plan.
I. INTRODUCTION AND PURPOSE
Figure l - f'iciulh,Ahip
Flgnre 2 - : LrperlArea
Newport Airport Village 2
I. INTRODUCTION AND PURPOSE
More specifically, the PC is located west of MacArthur Boulevard, south of Campus Drive,
north of Birch Street, and about 550 feet north of Dove Street, as shown in Figure 2.
I
Figure 3 - \'eu;par- lirt�ort 1 "i!/age Planned Col)vlwnit)
/// Ple.wd Cmrmsary
As also noted in Figure 3, the 65-dBA CNEL noise contour line for John Wayne Airport
(JWA) transects the site. Areas east of (i.e., outside) the 65 dBA CNEL line are "Clearly
Compatible" or "Normally Compatible" with multi -family residential and mixed-use
development under General Plan Table N2 (Land Use Noise Compatibility Matrix). Areas
west of (i.e., inside) the 65 dBA CNEL line are "Normally incompatible" or "Clearly
incompatible" with multi -family residential and mixed-use development under General
Plan Table N2. Under the Airport Environs Land Use Plan for John Wayne Airport (AELUP),
this means that areas west of the 65 dBA CNEL line are deemed suitable for residential
uses and other noise -sensitive uses if the interior noise standard of 45 dBA CNEL can be
maintained with an accompanying dedication of a avigation easement for noise.
Additionally, building heights west of the 65 dBA CNEL line are restricted for aviation
safety.
C. Surrounding Area
John Wayne Airport, a commercial and general aviation airport that is owned and
operated by the County of Orange, is located to the west and north of the site (across
Newport Airport Village 3
r.
1
Figure 3 - \'eu;par- lirt�ort 1 "i!/age Planned Col)vlwnit)
/// Ple.wd Cmrmsary
As also noted in Figure 3, the 65-dBA CNEL noise contour line for John Wayne Airport
(JWA) transects the site. Areas east of (i.e., outside) the 65 dBA CNEL line are "Clearly
Compatible" or "Normally Compatible" with multi -family residential and mixed-use
development under General Plan Table N2 (Land Use Noise Compatibility Matrix). Areas
west of (i.e., inside) the 65 dBA CNEL line are "Normally incompatible" or "Clearly
incompatible" with multi -family residential and mixed-use development under General
Plan Table N2. Under the Airport Environs Land Use Plan for John Wayne Airport (AELUP),
this means that areas west of the 65 dBA CNEL line are deemed suitable for residential
uses and other noise -sensitive uses if the interior noise standard of 45 dBA CNEL can be
maintained with an accompanying dedication of a avigation easement for noise.
Additionally, building heights west of the 65 dBA CNEL line are restricted for aviation
safety.
C. Surrounding Area
John Wayne Airport, a commercial and general aviation airport that is owned and
operated by the County of Orange, is located to the west and north of the site (across
Newport Airport Village 3
I. INTRODUCTION AND PURPOSE
Campus Dr). To the immediate northeast of the site, on the southwest corner of
MacArthur Blvd and Campus Dr, is a five -story office building and a small multi -tenant
commercial building. Across MacArthur Boulevard, on the northeast corner of MacArthur
Blvd and Campus Dr, is a nine -story office building that contains professional and medical
office uses; a five -story apartment building at the intersection of Douglas and Martin
Court; and multiple hotels and restaurants along MacArthur Blvd. To the east (across Birch
St) are several multi -story office buildings that range from three to fourteen stories,
hotels, and retail and restaurant uses. Commercial services, including vehicle sales and
repairs and a pharmacy; restaurants; and office uses, including medical offices occupy the
properties to the south of the PC.
D. Purpose and Objective
The purpose of the PCDP is to establish appropriate zoning regulations that govern the
land use and development of the PC in a manner that is consistent with the City of
Newport Beach General Plan. Implementation of the PCDP will:
— Provide a quality mixed-use development that includes residential and supporting
commercial uses; as well as, commercial uses that support or benefit from the
proximity to the airport.
— Create two planning areas to guide the development of the PC District (see Figure
4). Planning Area 1 will include the residential and, potentially, a complimentary
retail or service commercial component of the PC District. Planning Area 2 will
consist exclusively of non-residential uses.
— Provide new housing opportunities in response to increased demand for housing,
reduction of vehicle trips, and an encouragement of an active lifestyle by
increasing the opportunity for residents to live in proximity to jobs, services, and
entertainment. Such housing will be proximate to, and interconnected with,
commercial development through pedestrian walkways provided by future
development within the PCDP.
— Ensure all residential units are located outside the John Wayne Airport 65 dBA
CNEL noise contour and Safety Zone 3.
E. Relationship to Other Regulations
Whenever the provisions of this PCDP conflict with the regulations of the NEMC, the
regulations contained herein will prevail. The NBMC including the Zoning Code apply and
shall also regulate this development whenever regulations are not provided within this
PCDP. Unless otherwise defined herein, all words and phrases used in this PCDP shall have
the same meaning and definition as used in the NBMC.
Newport Airport Village 4
II. LAND USE AND DEVELOPMENT REGULATIONS
11. LAND USE AND DEVELOPMENT REGULATIONS
The PC is subdivided into two planning areas. Figure 4 shows the Land Use Map for the
PC District with the 65 dBA CNEL noise contour separating the residential use area from
the non-residential use area.
John Wayn Airport coo
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s } Planning Area 1 - Mixed -Use Residential 7.14 acres
Planning Area 2 - Commercial 9.32 acres u.y 08.1020
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Newport Airport Village 5
II. LAND USE AND DEVELOPMENT REGULATIONS
A. Permitted Uses
Table 1 lists the permitted uses for each planning area of the Planned Community. The
uses identified within the table are not intended to be a comprehensive list, but rather
major use categories. The Community Development Director may determine other uses
not specifically listed herein are allowed or allowed pursuant to a MUP or CUP, provided
they are consistent with the purpose of the planning areas, are compatible with
surrounding uses, and are not listed as a prohibited use.
Residential
Multi -unit dwellings
P
-
Live/work units
P
-
Mixed-use development
P
-
Accessory dwelling units
P
-
NBMC 20.48.200
Home Occupations
P
-
NBMC 20.48.110
Residential accessory uses
and amenities
P
P
Food, alcohol:. entertainment
Alcohol sales (off-site)
MUP
MUP
NBMC 20.48.030
Alcohol Sales (on-site)
CUP
CUP
NBMC 20.48.030
Bars, lounge, nightclub
CUP
CUP
NBMC 20.48.030 & 20.48.090
Food service, no late hours
MUP
MUP
NBMC 20.48.030 & 20.48.090
Food service, late hours
CU —PI
CUP
I NBMC 20.48.030 & 20.48.090
Office, retail, service
Financial Institutions
P
P
Offices, business &
professional
P
P
Offices, medical and dental
P
P
Personal services, general
P
P
Personal services, restricted
MUP
MUP
Retail sales (less than
10,000 sq. ft.)
P
P
Retail sales (greater than
10,000 sq. ft.)
P
P
Other uses
Uses not listed herein, but
allowed in the OA zone
A
A
Subject to applicable NBMC
Lrequirements
Newport Airport Village 6
II. LAND USE AND DEVELOPMENT REGULATIONS
Table 1 Continued
P = Permitted Use
CUP = Conditional Use Permit
MUP = Minor Use Permit
A = Allowed subject to permit requirements provided in Table 2-4 of NEMC Section
20.20.020(C)
- = Not Permitted
B. Prohibited Uses
The following uses shall be expressly prohibited from the PCDP:
1. Any use not authorized by this PCDP unless the Community Development Director
determines a particular use consistent with the purpose and intent of the PCDP,
2. Residential dwelling units within (i.e., west of) the 65 dBA CNEL (or above) noise
contour from John Wayne Airport (residential accessory uses, and amenities are
allowed),
3. Residential dwelling units within John Wayne Airport Safety Zone 3 (residential
accessory uses, and amenities are allowed),
4. The following uses, if said structure within 250 feet of any residential dwelling
unit:
a. Handicraft Industry
b. Industry, Small (less than 5,000 sq. ft.)
C. Emergency Health Facilities/Urgent Care
d. Ambulance Services
e. Funeral Homes and Mortuaries
f. Maintenance and Repair Services.
C. Existing Legal Nonconforming Uses and Structures
Existing legally established use and structures that no longer conform to the provisions of
this PCDP shall be subject to NBMC Chapter 20.38.
D. Land Use Concept
Figure 5 depicts the conceptual development plan for Newport Airport Village Planned
Community. Multi -story residential structures would be located near the north side of the
site in Planning Area 1 and may have a retail/commercial component. Office, commercial
and other non-residential buildings would be located south of the residential buildings in
Planning Area 2. A landscaped esplanade with open space areas, pedestrian pathways
with areas for passive seating, and bicycle facilities will be provided to create an efficient
and safe pedestrian -friendly environment interconnecting the various land uses through -
Newport Airport Village 7
II. LAND USE AND DEVELOPMENT REGULATIONS
out the site with surrounding properties and public ways. Although the PC may not be
developed exactly as depicted in the conceptual land use development map, it serves as
a demonstration of what could be achieved through the application of the site
development standards of this PCDP.
E. Development Standards — Planning Area 1(Mixed-Use Residential
Area)
1. Permitted Height of Residential or Mixed -Use Structures: No structure, nor any
portion of any structure, architectural feature, elevator penthouse, or mechanical
equipment shall exceed a height of 85 feet measured consistent with the Zoning
Code.
2. Permitted Height of Nonresidential Structures: No structure, nor any portion of
any structure, architectural feature, elevator penthouse, or mechanical
equipment shall exceed a height of 37 feet measured consistent with the Zoning
Code, unless a Site Development Review is approved pursuant to NBMC Section
20.52.080, in which case the maximum shall be 55 feet.
3. Setbacks: Minimum setbacks shall be as follows:
a. Buildings, or portion thereof, that are under 20 feet in height shall be setback
a minimum of 10 feet from any street property line and a minimum of 5 feet
from any internal property line.
b. Buildings, or portion thereof, that are 20 feet or greater in height shall be
setback a minimum of 20 feet from any street property line and a minimum of
5 feet from any internal property line.
4. Residential Density: Densities shall be a minimum of 30 dwelling units per acre
and a maximum of 50 dwelling units per acre, not including density bonus units.
5. Residential Development Limit: A maximum of 329 dwellings units shall be
permitted, exclusive of any density bonus as allowed pursuant to California
Government Code Section 65915. In addition, residential development (excluding
density bonus units) shall be subject to the maximum development allocation for
the Airport Area established by General Plan Land Use Policy 6.15.5, or any
successor policy or development limit resulting from a future General Plan
Update/Amendment, provided that such allocation does not result in a reduction
of the 329 permitted dwelling units in Planning Area 1.
6. Floor Area Limit: Floor area for nonresidential uses shall not exceed 94,583 square
feet. This floor area limit is based on the conversion of commercial development
allowed by the general plan to residential dwelling units pursuant to General Plan
Newport Airport Village 8
II. LAND USE AND DEVELOPMENT REGULATIONS
Policy LU6.15.5. The 2006 General Plan allowed a 0.5 FAR (155,509 square feet)
that is reduced by 60,926 square feet and converted to allow 329 dwelling units.
7. Common Open Space: All residential development shall incorporate common
open space in the amount of 75 square feet per unit with minimum dimensions of
15 feet in any direction. At least half of the common open space shall consist of
recreational amenities, including but not limited to the following:
a. Swimming pools/spas and adjacent lounging decks
b. Exercise facilities
C. Tennis courts
d. Basketball courts
e. Clubhouse rooms
f. Roof deck recreation areas
g. Community gardens
h. Barbecue and other active (e.g. bocce ball) or passive (e.g., reading)
courtyards
L Other amenities as deemed appropriate by the Community Development
Director
Outdoor common areas or recreational areas shall be posted with an outdoor
notification sign to users regarding the proximity to John Wayne Airport and
presence of operating aircraft.
Newport Airport Village 9
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II. LAND USE AND DEVELOPMENT REGULATIONS
8. Private Open Space: All residential development shall incorporate private open
space in the amount of 5% of the gross floor area (minimum) for each unit with a
minimum dimension of 6 feet in any direction.
9. Affordability Requirements: Residential development shall include affordable
housing as follows: a minimum of 5% of units for very -low income households, or
a minimum of 10% of units for low-income households, or a minimum 10% of units
for moderate -income households within a common -interest development. The
following requirements also apply:
a. Affordable units shall be provided on-site.
b. Affordable units shall be designed and distributed within the residential as
follows:
I. Number of Bedrooms. Affordable units shall reflect the range of
numbers of bedrooms provided in the residential development project
as a whole.
ii. Comparable Quality and Facilities. Affordable units shall be comparable
in the facilities provided (e.g., laundry, recreation, etc.) and in the
quality of construction and exterior design to the market -rate units.
iii. Size. Affordable units may be smaller and have different interior
finishes and features than the market -rate units, and
iv. Location. Affordable units shall be dispersed throughout the residential
development, unless clustering is allowed by the review authority.
C. An Affordable Housing Implementation Plan (AHIP) shall be prepared and
submitted with any site development review application seeking approval of
a residential development within the PC District. The AHIP shall clearly
demonstrate how the proposed residential development project will meet
the affordability requirements of this PCDP and any applicable provisions of
the State Density Bonus Law and the Newport Beach Municipal Code. The
AHIP shall specify eligible income categories, the amount of the requested
density bonus, any concession/incentives requested, and any development
standards waivers or modifications sought and justifications for said
concessions/incentives or development standard relief.
d. Density bonuses/incentives or development standard concessions shall be
provided pursuant to NBMC Chapter 20.32 and Section 65915 et. seq of the
California Government Code.
10. Sound Mitigation: The interior ambient noise level of all new residential dwelling
units shall meet applicable standards of the City's Community Noise Ordinance
(NBMC Section 10.26.030). An acoustical analysis report, prepared by an
acoustical engineer, shall be submitted describing the acoustical design features
of the structure that will satisfy the interior noise standard. The residential units
shall be constructed, and noise attenuated in compliance with the report.
Newport Airport Village 11
II. LAND USE AND DEVELOPMENT REGULATIONS
11. Residential Design: Unless otherwise deemed appropriate by the City's Review
Authority all residential and mixed-use buildings shall be generally consistent with
the residential design guidelines as set forth in Section IV of the PCDP.
12. Notification to owners and tenants: A written disclosure statement shall be
prepared prior to sale, lease, or rental of a residential unit within the
development. The disclosure statement shall indicate that the occupants will be
living in an urban type of environment adjacent to an airport and that the noise,
odor, and outdoor activity levels may be higher than a typical suburban residential
area. The disclosure statement shall include a written description of the potential
impacts to residents of both the existing environment (e.g., noise from planes,
commercial activity on the site and vehicles streets) and potential nuisances based
upon the allowed uses in the zoning district. Each and every buyer, lessee, or
renter shall sign the statement acknowledging that they have received, read, and
understand the disclosure statement. A covenant shall also be included within all
deeds, leases or contracts conveying any interest in a residential unit within the
development that requires: (1) the disclosure and notification requirement stated
herein; (2) an acknowledgment by all grantees or lessees that the property is
located within an urban type of environment and that the noise, odor, and
outdoor activity levels may be higher than a typical suburban residential area; and
(3) acknowledgment that the covenant is binding for the benefit and in favor of
the City of Newport Beach.
13. Deed notification: A deed notification shall be recorded with the County
Recorder's Office, the form and content of which shall be satisfactory to the City
Attorney. The deed notification document shall state that the residential unit is
located in a mixed-use development and that an owner may be subject to impacts,
including inconvenience and discomfort, from lawful activities occurring in the
project or zoning district (e.g., noise, lighting, odors, high pedestrian activity levels,
etc.).
14. Park Dedications and Fees: All residential subdivisions shall comply with all park
dedications and fees, as required in NBMC Chapter 19.52.
F. Development Standards — Planning Area 2 (Non -Residential Area)
In addition to the additional development standards listed in Section II(F) of this PCDP,
the following standards apply to all development in Planning Area 2.
1. Permitted Height of Structures: No structure, nor any portion of any structure,
architectural feature, elevator penthouse, or mechanical equipment shall exceed
a height of 37 feet, unless a Site Development Review is approved pursuant to
Newport Airport Village 12
11. LAND USE AND DEVELOPMENT REGULATIONS
NBMC Section 20.52.080, in which the review authority may allow buildings or
structures to exceed 37 feet to a maximum of 54 feet.
2. Setbacks: Minimum setbacks shall be 15 feet from any street property line and 5
feet from any internal property line.
3. Floor Area Ratio: Floor area ratio shall not exceed 0.5, except for warehouse uses,
which are allowed a maximum floor area ratio of 0.75.
4. Lot Size and Dimensions: Newly created lots shall meet the minimum standards
for lots provided in NBMC Section 20.20.030 for the OA (Office—Airport) Zoning
District.
G. Additional Development Standards
In addition to the planning area specific development standards listed in Sections ll(D)
and II(E) of this PCDP, the following standards apply to all development within the
Newport Airport Village Planned Community.
1. Maximum Intensity: The total area of all office, retail, and other commercial uses
within the Newport Airport Village PC shall not exceed 297,572 square feet.
Parking and Circulation: Parking and on-site circulation shall comply with NBMC
Chapter 20.40. All proposed development is required to be reviewed and
approved by the Planning Division, Public Works Department, the City Traffic
Engineer, Fire Department and Building Division. On-site circulation, including but
not limited to, driveway location, sight distance, parking lot design, drive aisles,
emergency vehicle access and access the disabled shall meet applicable codes,
polices and design standards. All approved vehicle entry points to the PC District
shall comply with applicable City of Newport Beach Public Works and Fire
Department requirements regarding safe and convenient vehicular access.
3. Landscaping: A detailed landscape and irrigation plan shall be prepared by a
licensed landscape architect and submitted with the Site Development Review
application. Landscaping shall be designed, installed, and maintained in consistent
with all requirements of NBMC Chapters 14.17 (Water Efficient Landscaping) and
20.36 (Landscaping Standards). Landscape shall also be maintained in a healthy,
weed -free condition, free of litter and consistent with NBMC Section 20.30.130
(Traffic Safety Visibility Area).
4. Pedestrian and Bicycle Connection: All uses in the PC shall be interconnected
through safe and efficient pedestrian and bicycle paths, including a pedestrian
Newport Airport Village 13
II. LAND USE AND DEVELOPMENT REGULATIONS
connection feature between the residential and non-residential components of
the PC District.
5. Lighting: A detailed lighting plan with lighting fixtures and standard designs shall
be submitted with the Site Development Review application and shall comply with
NEMC Section 20.30.070. The lighting system shall be designed and maintained to
conceal the light source and minimize light spillage and glare outside of the
boundary of the PC District. A minimum average 0.5 foot-candle shall be provided
on all driving or walking surface during the hours of operation and one hour
thereafter. All lighting shall comply with NEMC Section 20.30.070.
6. Utilities: A Utilities Plan shall be submitted with the Site Development Review
application. The final alignment and location of utilities shall be reviewed and
approved by the Public Works Department. Adequate access for maintenance
vehicles shall be provided. All utilities on private property shall be privately
maintained and operated.
7. Air Conditioning Units: The use of individual through -window or through -wall air
conditioning units any commercial or residential unit is prohibited.
S_ inns: A comprehensive sign program with sign materials and lighting details shall
be submitted with the Site Development Review application. All signage shall
comply with the Chapter 20.42 of the Municipal Code. Should a future
neighborhood public park be constructed in either Planning Area, the park shall
be posted with a notification to users regarding the proximity to John Wayne
Airport and aircraft overflight and noise. Outdoor common areas or recreational
areas shall also be posted with an outdoor notification sign to users regarding the
proximity to John Wayne Airport and presence of operating aircraft.
8. Fences. Hedges, & Walls: Fences, hedges, and walls shall be limited to the
following heights, subject to the exceptions contained in NBMC Section 20.30.040:
a. Street setback areas -42 inches
b. Interior setback areas — 6 feet
C. Between residential uses and nonresidential uses and parking areas — 8 feet
9. Buffering and Screening
a. General Requirements: Mechanical equipment must be located so that the
impact of noise on residential uses is minimized to the greatest extent
feasible. Screening shall be maintained in good condition at all times.
Landscaping used as screening shall provide a dense, year-round screen.
Newport Airport Village 14
II. LAND USE AND DEVELOPMENT REGULATIONS
b. Roof -mounted Mechanical Equipment and Appurtenances: Roof -mounted
mechanical equipment and appurtenances may not be visible in any
direction (360 degrees) from a public right-of-way or adjacent residential
property, as may be seen from a point six feet above ground level. Methods
of screening may include mechanical roof wells recessed below the roof line
or by solid and permanent roof -mounted screens. Screening must be
compatible with the architectural style, materials, and color of the building
on which the equipment is located. Supports for window washing equipment
are permitted and are not required to be screened from view. No setbacks
are required for rooftop mechanical equipment or appurtenances. All roof -
mounted mechanical equipment and appurtenances shall be at or below all
applicable height limits.
C. Ground -mounted Mechanical Equipment: Ground -mounted mechanical
equipment shall be screened from public rights-of-way and/or public
property as seen from a point six feet above ground level. Methods of
screening may include fences, walls, solid hedges, or other similar methods.
Chain link fencing is not permitted with or without slats is not allowed.
d. Outdoor Storage: Where equipment, material, or merchandise is allowed to
be stored outdoors, these items shall be screened from public view and
adjacent residential areas using fences, walls, solid hedges, or other
methods. Chain link fencing with or without slats is not allowed.
e. Solid Waste Storage Areas: New development shall provide adequate,
enclosed areas with solid roofs for collecting, storing, and loading solid waste
and recyclable materials. The square footage provided for solid waste and
recyclable materials storage must be in compliance with NBMC Section
20.30.120. Solid waste and recyclable materials storage areas must be
adequate in distribution to serve the project and be screened from public
rights-of-way and/or public property as seen from a point six feet above
ground level. Screening may consist of solid masonry walls, metal gates,
landscaping, or similar methods. Structures used for solid waste screening
must be visually compatible with the surrounding structures and must be
properly secured to prevent access by unauthorized persons, while allowing
authorized persons access for disposal of materials.
Newport Airport Village 15
III. ARCHITECTURAL DESIGN CONSIDERATIONS
III. ARCHITECTURAL DESIGN CONSIDERATIONS
A. General Principles
The following general principles shall be considered when siting and designing new
development within Newport Airport Village.
1. Development should be designed to convey a unified and high-quality character
with use of consistent architectural design vocabulary, materials, and color
palette.
2. Building elevations should employ architectural treatments, articulation and
modulation of mass to avoid the appearance of monolithic box -like buildings.
3. High-quality doors, windows, moldings, and finishes should be used on elevations
visible from streets and pedestrian paths.
4. Roof profiles should be articulated to reduce the appearance of large structures
and provide visual interest.
5. Streetscape design and plant materials should reflect the street's location and
nature.
6. Abundant use of landscape within interior courtyards, open spaces, and parking
areas should be encouraged.
7. The design of parking areas and parking facilities should consider architectural
consistency and physical integration with nearby buildings.
8. Open parking lots should be set back from public streets and screened using
buildings, decorative walls, berms or dense landscaping.
B. Mixed -Use
The following principles shall be considered when siting and designing new mixed-use
development.
1. Residential uses should be seamlessly integrated with nonresidential uses through
pedestrian connections, landscape, and other physical connections.
2. Conflicts between different uses, such as noise, vibration, glare, odors, and similar
impacts, should be minimized through careful siting, building design and
incorporation of appropriate building materials.
3. Entries for residential units and nonresidential businesses should be separate and
well-defined.
C. Residential Uses
The following principles shall be considered when new development includes residential
use.
Newport Airport Village 16
III. ARCHITECTURAL DESIGN CONSIDERATIONS
1. Private open space for each residential unit should be usable and functional.
2. Common residential open space should create opportunities for recreation and
promote an attractive living environment.
D. Office/Commercial Uses
The following principles shall be considered when siting and designing new office or
commercial development.
1. Building siting should be oriented around public spaces such as plazas, courtyards,
walkways, and open spaces.
2. On-site landscaping should emphasize special features such as entryways.
3. Landscape and other amenities should be used to provide visual relief within
surface parking lots.
4. A common signage program that reflects the architectural style and character of
the development should be prepared to address tenant identification and
wayfinding.
5. Common streetscape and lighting programs should be developed to promote
pedestrian activity.
6. Site design should provide clear site access, entrance drives and building entries
as well as minimize conflicts between service vehicles, private automobiles, and
pedestrians.
E. Conceptual Images to Guide Development
The following images provide general direction to convey the desired quality for new
development through architectural massing, detail, variety in building materials and
integration of pedestrian -orientation. These images are meant to inspire designers and
do not indicate the precise design of future development within Newport Airport Village.
The images are grouped by land use type: mixed use, multi -unit residential buildings, and
office/commercial development.
Newport Airport Village 17
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1. Will 51 it
IV. RESIDENTIAL DESIGN GUIDELINES
IV. RESIDENTIAL DESIGN GUIDELINES
The Newport Airport Village Residential Design Guidelines are intended to set parameters
for the design of residential buildings and ensure an appropriate aesthetic quality is
provided on all residential buildings. All residential and mixed-use buildings within
Newport Airport Village PC should be generally consistent with the guidelines contained
in this section of the PCDP.
A. Architectural Variety
1. Buildings should utilize more than a single -color on all facades.
2. Buildings should utilize more than a single finished material on all fagades. For the
purpose of this requirement, windows are not considered a finished material.
3. Building should have more than one roof height. The change in roof height shall
be at least 5 feet for buildings with a height under 30 feet tall and 10 feet for
buildings with a height of 30 feet or more.
4. Buildings should not have blank fagades. For the purpose of these guidelines a
blank fagade shall mean, any portion of the facade that is above the ground level
and does not have a window or balcony 15 feet in any direction.
B. Windows and Entries
1. The primary pedestrian entry into the building should lead into a common lobby
or corridor and shall face the street or a common open space.
2. Ground level dwelling units are encouraged to have an individual primary entry on
the exterior facade of the building.
3. Rain protection should be provided above all pedestrian entries through the use
of awnings, porticos, arcades, or the like.
4. Exterior windows and doors should be inset a minimum 2-% inches from the
adjoining wall.
C. Massing and articulation
I. The first three floors of a building should have a plane -break to divide all street
facing facades into segments no more than 30 feet wide. Plane -breaks shall have
a minimum depth and width of 5 feet.
2. The fourth floor and above of a building should have a plane -break on all street
facing facades. Plane -breaks shall have a minimum depth of 5 feet and be across
25% of the width of the building.
Newport Airport Village 21
V. PLAN ADMINISTRATION AND IMPLEMENTATION
V. PLAN ADMINISTRATION AND IMPLEMENTATION
A. Permit Review Procedures
Approval of the Site Development Review application by the City -designated Review
Authority consistent with NBMC Chapter 20.52 shall be required prior to the issuance of
a grading or building permit for the construction of any new structure within the
boundaries of the PCDP. The application shall include all materials necessary to clearly
determine consistency with this PCDP and applicable requirements of the Newport Beach
Municipal Code. The applicant shall include a descriptive narrative supported by facts,
exhibits, or diagrams that clearly show how a proposed development generally conforms
to the PCDP design guidelines.
B. Parcel or Tract Maps
No parcel or tract map shall be recorded prior to the approval of the Site Development
Review for the entire project or significant phase so that the responsibility for
performance of, and payment for, maintenance are clear.
C. Amendments to Planned Community Development Plan
Applications for amendments to this Planned Community Development Plan shall follow
the process identified in the NBMC Section 20.56.050(E).
D. Administrative Responsibility
All property within this PCDP shall be subject to NBMC Chapter 20.60 that prescribes the
authority and responsibilities of the Newport Beach City Council, Planning Commission,
Hearing Officer, Zoning Administrator, and Community Development Director (Planning
Director) in the administration of this PCDP and the Zoning Code.
E. Enforcement
All property within this PCDP shall be subject to NBMC Chapter 20.68 that establishes
provisions intended to ensure compliance with this PCDP and the Zoning Code.
Newport Airport Village 22
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance
No. 2020-22 was duly introduced on the 8th day of September, 2020, at a regular meeting, and adopted
by the City Council at a regular meeting duly held on the 22nd day of September, 2020, and that the same
was so passed and adopted by the following vote, to wit:
AYES: Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Joy Brenner, Council
Member Diane Dixon, Council Member Duffy Duffield, Council Member Jeff Herdman,
Council Member Kevin Muldoon
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 23rd day of September, 2020.
STATE OF CALIFORNIA }
COUNTY OF ORANGE }
CITY OF NEWPORT BEACH }
N11 Ly �acin
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
ss.
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that
Ordinance No. 2020-22 has been duly and regularly published according to law and the order of the City
Council of said City and that same was so published in The Daily Pilot, a newspaper of general circulation
on the following dates.-
Introduced
ates:
Introduced Ordinance: September 12, 2020
Adopted Ordinance: September 26, 2020
In witness whereof, I have hereunto subscribed my name this lV TVl day ofLACAL-,
2020.
F-
-%V/
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6k-
Leilani I. Brown, MMC
City Clerk
City of Newport Beach, California