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HomeMy WebLinkAbout2008-8 - Approving Planned Community Development Plan Amendment No. 2006-003 To Include an Existing Church and School as Permitted Uses Within Site 1 and Allocate 25,962 Square Feet of Additional Allowable Development to Accommodate the Redevelopment andORDINANCE NO. 2008-8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT NO. 2006 -003 TO INCLUDE AN EXISTING CHURCH AND SCHOOL AS PERMITTED USES WITHIN SITE 1 AND ALLOCATE 25,962 SQUARE FEET OF ADDITIONAL ALLOWABLE DEVELOPMENT TO ACCOMMODATE THE REDEVELOPMENT AND EXPANSION OF THE EXISTING PRIVATE SCHOOL FACILITY (PA 2006 -079) WHEREAS, an application was filed by Dwight Tomlinson, on behalf of Liberty Baptist Church, property owner, with respect to property located at 1000 Bison Avenue, and legally described as Parcel 2 on a Map filed in Book 41, Page 27, Parcel Maps, in the County of Orange, proposing to amend the Land Use Element of the General Plan to increase the precise development limit of Anomaly Site No. 25 from 58,471 square feet to 84,585 square feet and amend the North Ford Planned Community Text (PC -5) to include the existing church and school as permitted uses within the General Industry/Government, Education & Institutional Facilities (Area 1) land use designation and to allocate 25,962 of additional development. Additionally, an amendment to Use Permit No. 1726 is proposed to for the redevelopment and expansion of the existing private school within the Liberty Baptist Church site. The applicant proposes to demolish 4 modular classroom buildings (totaling 5,760 square feet) and construct a new two - story, 31,722 square -foot educational building and gymnasium; and WHEREAS, on September 6, 2007, the Planning Commission conducted a public hearing in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting; and WHEREAS, at the September 6, 2007 hearing, the Planning Commission received public comments and with a majority vote of 5 ayes recommended approval of General Plan Amendment No. 2005 -007, Planned Community Development Plan Amendment No. 2005 -005, and an amendment to Use Permit No. 1726 to the City Council; and WHEREAS, at its regular meeting of December 20, 2007, the Airport Land Use Commission for Orange County considered the project and unanimously voted to find the project consistent with the Commission's Airport Environs Land Use Plan for John Wayne Airport; and WHEREAS, a public hearing was held by the Newport Beach City Council on February 12, 2008 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place, and purpose of the meeting was given in accordance with the Municipal Code and State Law. Evidence, both written and oral, was presented to and considered by the City Council at this meeting; and WHEREAS, the property is designated Private Institutions (PI) by the General Plan Land Use Element. The City has adopted Planned Community District Regulations (PC -5 North Ford) that establish development standards and use regulations to implement the General Plan. The property is presently improved as the Liberty Baptist Church development and private school with a 24,333 square -foot sanctuary/auditorium, a 9,100 square -foot fellowship hall, a 19,430 square -foot administration building (officetclassroom), and 4 temporary modular classroom buildings (totaling 5,760 square feet), for a total development of 58,623 square feet; and WHEREAS, the project site is located in Area 1 of the North Ford Planned Community (PC -5) and is designated for General Industry / Government, Education & Institutional Facilities (GI /GEIF) land uses. Section I (Statistical Analysis) of the PC states that 0 square feet of additional allowable square footage is allocated in Area 1; therefore, an amendment to the Planned Community is will be required to accommodate the additional 25,962 square feet of additional development on the site (31,722 sq. ft. building — 5760 sq. ft. demo = 25,962 sq. ft.). Other than the increased floor area request, the project meets all applicable development standards of the North Ford Planned Community; and WHEREAS, churches and schools are not specifically listed as permitted uses within Area 1 of the North Ford Planned Community; however, in reviewing the original staff report for the project, it was stated that the proposed church and school were permitted since they were similar to other quasi - public uses in the PC, such as the Post Office and the adjoining sub - station, and that they would not be adversely affected by any of the other uses permitted in the area. For future clarification, the Area 1 development standards of the PC is proposed be amended to include churches and schools as permitted uses with a use permit; and WHEREAS, the project qualifies for a Class 14 categorical exemption pursuant to Section 15314 (Minor Additions to Schools) of the Implementing Guidelines of the California Environmental Quality Act (CEQA). The exemption consists of minor additions to existing schools within existing school grounds where the addition does not increase original student capacity by more than 25% or ten classrooms, whichever is less. The proposed project results in a total of 14 classrooms, an increase of 3 classrooms (14 proposed — 11 existing = 3 new classrooms). Additionally, the proposed project will increase student capacity to a maximum of 325 students, which is an increase of exactly 25% (325 proposed — 260 existing = 65 student or 25 %). Therefore, the project meets the criteria to qualify for this exemption; and THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: The North Ford Planned Community District Regulations (PC -5) shall be revised as provided in Exhibit "A ", with all other provisions of the existing Planned Community District Regulations remaining unchanged and in full force and effect. SECTION 2: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become effective thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on February 12, 2008 and adopted on February 26, 2008, by the following vote, to wit: LA Henn, Rosansky, Daigle, Webb, AYES, COUNCIL MEMBERS Curry, Gardner, Mayor Selich NOES, COUNCIL MEMBERS None ABSENT COUNCIL MEMBERS None Exhibit "A" The following changes will be made to the Table of Contents, Introduction, Section I (Statistical Analysis), and Section IV (Area 1) of the North Ford Planned Community Development Plan and all other provisions of the PC Text shall remain unchanged. TABLE OF CONTENTS Page INTRODUCTION 4 SECTION I STATISTICAL ANALYSIS 6 SECTION II GENERAL NOTES 7 SECTION III DEFINITIONS 9 SECTION IV GENERAL INDUSTRY / GOVERNMENT, EDUCATION AND INSTITUTIONAL FACILITIES, AREA 1 11 Subsection A Intent 11 Subsection B Permitted Uses 11 Subsection C Building Site Area 12 Subsection D Building Setbacks 12 Subsection E Site Coverage 13 Subsection F Building Height 13 Subsection G Signs 13 Subsection H Sign Standards 14 Subsection I Parking 14 Subsection J Landscaping 15 Subsection K Loading Areas 17 Subsection L Storage Areas 17 Subsection M Refuse Collection Areas 17 Subsection N Telephone and Electrical Service 17 Subsection O Sidewalks 18 Subsection P Nuisances 18 SECTION V GENERAL INDUSTRY AND GOVERNMENTAL, EDUCATIONAL AND INSTITUTIONAL FACILITIES AREA 2; GENERAL INDUSTRY, AREA 2a (Mini- Storage Use) 19 Subsection A Intent 19 Subsection B Permitted Uses 19 Subsection C Building Site Area 20 Subsection D Setbacks 20 Subsection E Site Coverage 20 Subsection F Building Height 20 Subsection G Signs 21 Subsection H Sign Standards 22 Subsection I Parking 22 Subsection J Landscaping 23 Subsection K Loading Areas 24 Subsection L Storage Areas 25 Subsection M Refuse Collection Areas 25 Subsection N Telephone and Electrical Service 25 Subsection O Sidewalks 25 Subsection P Nuisances 25 SECTION VI COMMERCIAL, AREA 3 26 Subsection A Intent 26 Subsection B Permitted Uses 26 Subsection C Building Site Area 26 Subsection D Setbacks 26 Subsection E Signs 27 Subsection F Building Height 28 Subsection G Sign Standards 28 Subsection H Parking 28 Subsection I Landscaping 28 Subsection J Loading Areas 30 Subsection K Storage Areas 30 Subsection L Refuse Collection Areas 30 Subsection M Telephone and Electrical Service 30 Subsection N Pedestrian Access 30 SECTION VII SERVICE STATION DEVELOPMENT STANDARDS 31 Subsection A Setbacks 31 Subsection B Minimum Building Site Area 31 Subsection C Signs 31 Subsection D Sign Standards 32 Subsection E Parking 32 Subsection F Landscaping 32 Subsection G Screening 33 Subsection H Refuse Collection Areas 33 SECTION VIII MULTI - FAMILY RESIDENTIAL, AREA 4 34 Subsection A Uses Permitted 34 Subsection B Attached Residential Standards 34 Subsection C Open Space 36 Subsection D Site Plan Review 36 SECTION IX RESIDENTIAL - AREA 5 39 Subsection A Uses Permitted 39 Subsection B Attached Residential Standards 39 Subsection C Detached Residential Standards 41 SECTION X SECTION XI INTRODUCTION PARK, AREA 6 SIGNS The North Ford PC (Planned Community),District of the City of Newport Beach is a part of the Irvine Industrial Community originally developed in conjunction with the Irvine Ranch Southern Sector General Land Use Plan which was approved by the Orange County Planning Commission and the Orange County Board of Supervisors. The purpose of this Planning Community District is to provide a method whereby property may be classified and developed for light industrial uses, Government, Education and Institutional facilities, compatible commercial activity, professional and business offices, residential units, and park. The specifications of this district are intended to provide flexibility for both the land use and development standards in planned building groups. This PC district also provides a statistical core consistent with the City of Newport Beach General Plan upon which detailed development plans may be prepared. The provisions of this Ordinance, notwithstanding all applicable requirements of the City of Newport Beach Zoning Code, shall apply. Anything not addressed by this text shall be subject to the provisions of the Newport Beach Municipal Code. For the San Diego Creek South parcel (Area No. 4), this text will serve only as core PC text delineating land use. Prior to any finther discretionary actions for this site, amendments to this district shall be required to establish intensity of development and site design criteria including, but not limited to, building setbacks, building heights, parking requirements, grading, landscaping, and street and circulation requirements. 45 o,0` J Vf " o% F� RAL INDUSTRY I .' U ® tS N T: EDUCATION $� ITIITIONAL FACILITIES ® GENERAL. INDUSTRYCSIrE 2A l MINI- STORAGE USE ) COMMERCIAL SPECIAL LANDSCAPED O TO STREET Ia I �a• RESIDENTIAL �M&i - - 1 C J North Ford /San Diego Creek Planned Community LAND USE PLAN REVISER LAND La PLAN : AmDmmEw NO. 790 s� � . fm City of Irvine spN �.e F NORTH SECTION I STATISTICAL ANALYSIS North Ford The above statistics are based on gross acreage and do not account for buildable area. In Area 2a, development is limited to mini- storage facility use with a maximum floor area of 110,600 sq. ft. Development may include one dwelling unit for an owner /manager including two garage spaces, provided that such residential use will be incidental to the mini- storage use and will not alter the character of the premises. In Area 2, the additional allowable square footage is allocated for the expansion of the Synagogue site. In Area 2b, development is limited to mini- storage facility use with a maximum floor area of 86,000 sq. ft. Development may include one dwelling unit for an owner /manager including two Approx. Additional Additional Gross Allowable Allowable Area Acres Sa. Ft. DVs Generallndustry-GEIF 1 16.7 25,962 -0- General Industry-GEIF 2 20.7 40,000 -0- General Industry (Mini- Storage) 2a 2.8 110,600 1 2b 2_0 86.000 1 TOTAL 42.2 262,562 2 Approx. Additional Additional Gross Allowable Allowable Area Acres Sq. Ft. DUs Commercial 3 5.0 50,000 -0- Multi - Family Residential 4 18.6 Undetermined 300 Open Space 4a 2.4 Residential 5 79.0 -0- 888 Park 6 12.0 -0- -0- TOTAL 117.0 50,000 1,188 The above statistics are based on gross acreage and do not account for buildable area. In Area 2a, development is limited to mini- storage facility use with a maximum floor area of 110,600 sq. ft. Development may include one dwelling unit for an owner /manager including two garage spaces, provided that such residential use will be incidental to the mini- storage use and will not alter the character of the premises. In Area 2, the additional allowable square footage is allocated for the expansion of the Synagogue site. In Area 2b, development is limited to mini- storage facility use with a maximum floor area of 86,000 sq. ft. Development may include one dwelling unit for an owner /manager including two garage spaces, provided that such residential use will be incidental to the mini - storage use and will not alter the character of the premises. SECTION IV GENERAL INDUSTRY / GOVERNMENT, EDUCATION AND INSTITUTIONAL FACILITIES, AREA 1 A. Intent It is the intent of this district to permit the location of a combination of light industrial and Governmental, Educational and Institutional Facilities uses. Industrial uses are permitted provided they are confined within a building or buildings, or do not contribute excessive noise, dust, smoke, or vibration to the surrounding environment nor contain a high hazard potential due to the nature of the products, material or processes involved. Minor ancillary activities associated with the above permitted industrial uses may be located outside a structure provided screening requirements as set forth in this document are observed. Any activity which could be classified as retail commercial other than office uses shall be restricted to activities strictly accessory and/or supplementary to the industrial community. B. Permitted Uses The following uses and other uses which in the opinion of the Planning Director are compatible shall be permitted. Uses primarily engaged in research activities including, but not limited to, research laboratories and facilities, developmental laboratories and facilities, and compatible light manufacturing similar to the following list of examples. Bio- Chemical Film and Photography Chemical Medical or Dental Development Facilities for Metallurgy national welfare on land, Pharmaceutical sea and air X -RaY Manufacture, research assembly, testing and repair of components, devices, equipment and systems, parts and components such as, but not limited to, the following list of examples: Coils, tubes, semi - conductors Communication, navigation control, transmission and reception equipment, control equipment and systems, guidance equipment and systems Data processing equipment and systems Glass edging, beveling and silvering Graphics and art equipment Metering instruments Optical devices, equipment and systems Phonographs, audio units, radio equipment and television equipment Photographic equipment Radar, infra -red and ultra - violet equipment and systems Scientific and mechanical instruments Testing equipment 3. Offices, limited as follows: Area 1 - Administrative, professional and business offices. 4. Industry regional or home offices which are limited to a single use and accessory to any of the above industrial developments. Blueprinting, Photostatting, photo engraving, printing, publishing and bookbinding, provided that no on -site commercial service is associated with said uses. 6. Cafeteria, care, restaurant or auditorium associated with and incidental to any of the foregoing uses. 7. Service stations will be permitted subject to the development standards contained in this Ordinance, Section VII. 8. Agriculture, as a continuation of the existing land use, and all necessary structures and appurtenances shall be permitted. 9. Schools, with the approval of a use permit. 10. Churches, with the approval of a use permit. C. Building - Site Area One (1) acre minimum. D. Building - Setbacks All setbacks shall be measured from the property line. For the purpose of this Ordinance, a streetside property line is that line created by the ultimate right -of -way line of the frontage street. 1. Front Yard Setback Thirty (30) feet, except that unsupported roofs or sunscreens may Project six (6) feet into the setback area. 2. Side Yard Setback Ten (10) feet, except that unsupported roofs or sunscreens may project three (3) feet into the setback area. In the case of a comer lot, the streetside setbacks shall be thirty (30) feet, except that unsupported roofs and sunscreens may project six (6) feet into the setback area. Interior lot lines for a comer lot shall be considered side lot lines. 3. Rear Yard Setback No rear yard setback is required. E. Site Coverage Maximum building coverage of 50 percent is allowed. Parking structures shall not be calculated as building area; however, said structures shall be used only for the parking of company vehicles, employee's vehicles, or vehicles belonging to persons visiting the subject firm. F. Building Height All buildings and appurtenant structures shall be limited to a maximum height of fifty (50) feet. G. Signs 1. Identification Sign Area Only one (1) single -faced or double -faced sign shall be permitted per street frontage per site. No sign or combination of signs shall exceed one (1) square foot in area for each 600 square feet of total site area. However, no sign shall exceed 200 square feet in area per face. An additional twenty (20) square feet shall be allowed for each additional business conducted on the site. This sign shall identify either the major tenant or the name of the building complex. a. Identification Ground Sign All identification ground signs shall not exceed four (4) feet above grade in vertical height. Also, such ground signs in excess of 150 square feet in area (single face) shall not be erected in the first twenty (20) feet, as measured from the property line of any streetside setback area. However, the above standards shall not apply to the Multi - Tenant Directory Sign, the Special Purpose Sign, nor the signs listed in the Sign Appendix of this Ordinance. b. Identification Wall Sian Identification Wall Signs shall not comprise more than 10 percent of the area of the elevation upon which the sign is located. Said signs shall be fixture signs; signs painted directly on the surface of the wall shall not be permitted. In the instance of a multiple tenancy building, each individual tenant may have a wall sign over the entrance to identify the tenant. Said sign shall give only the name of the company and shall be limited to one (1) foot in height. Additionally, one sign per tenant may be affixed to the wall which faces the parking lot of the subject building. Said sign shall give only the name of the tenant and shall be limited to four (4) inch high letters. 2. Multi -Tenant Directory Sian One (1) directory sign listing only the names of the on -site firms or businesses will be allowed per site. Said sign shall be located even with or in back of the required building setback line and shall be located in the parking area or on any access drive to the parking area. This sign shall be limited to a maximum height of four (4) feet and a length of eight (8) feet and may be double - faced. This sign shall be in addition to identification signs allowed by Subsection C, Paragraph 1 above. 3. Real Estate Sian Said sign shall not exceed a maximum area of thirty-two (32) square feet and shall be of a ground type sign. 4. Special Purpose Sign Signs used to give directions to traffic or pedestrians or give instructions as to special conditions shall not exceed a total of six (6) square feet (single face) in area and shall be permitted in addition to the other signs listed in this section. 5. Additional Signs Additional signs, as listed in the Sign Appendix of this Ordinance, shall be permitted according to the criteria and performance standards contained in said appendix. H. Sign Standards Signs (to include all those visible from the exterior of any building) may be lighted but no signs or any other contrivance shall be devised or constructed so as to rotate, gyrate, blink or move in any animated fashion. 2. Signs shall be restricted to advertising only the person, firm, company or corporation operating the use conducted on the site or the products produced or sold thereon. 3. A wall sign with the individual letters applied directly shall be measured by a rectangle around the outside of the lettering and/or the pictorial symbol and calculating the area enclosed by such line. All signs attached to the building shall be flush mounted. I. Pazlane Adequate off - street parking shall be provided to accommodate all parking needs for the site. The intent is to eliminate the need for any on- street parking. Parking shall be provided for each building or development in accordance with the requirements set forth below based on the proportion of each type of use to the total building site. Required off -street parking shall be provided on subject site or on a contiguous site or within 300 feet of the subject site. Where parking is provided on other than the site concemed, a recorded document shall be approved by the City Attorney and filed with the Planning Department and signed by the owners of the alternate site stipulating to the permanent reservation of use of the site for said parking. The following guide shall be used to determine parking requirements. Office One (1) space for each 225 square feet of net floor area. The parking requirement may be lowered to one (1) space for each 250 square feet of net floor area upon review and approval of the Modification Committee. Manufacture, Research and Assembly Two (2) parking spaces for each three (3) employees, but in no event less than three (3) spaces for each 1,000 square feet of gross floor area. Two (2) parking spaces for each three (3) employees, but in no event less than one (1) space for each 1,000 square feet of gross floor area for the first 20,000 square feet; one (1) space for each 2,000 square feet of gross floor area for the second 20,000 square feet; one (1) space for each 4,000 square feet of gross floor area for areas in excess of the initial 40,000 square feet of floor area of the building. The number of employees for parking purposes shall be determined by the largest number of employees present on the site at one time. In the event there is more than one (1) shift, sufficient parking must be provided on -site to preclude the necessity for on- street parking. Schools As determined by use permit. Churches As determined by use permit. Landscanin� As a portion of the total landscaping scheme, certain streets and areas have been designated as "Special Landscaped Streets and Areas." Landscape treatment along the frontages of said streets requires special consideration and therefore is referred to under separate sections in the following landscaping standards. Detailed landscaping and irrigation plans, prepared by a licensed landscape architect, licensed landscaping contractor, or architect shall be submitted to and approved by the Director of Parks, Beaches, and Recreation prior to the issuance of a building permit and installed prior to the issuance of a Certificate of Occupancy. All landscaping referred to in this section shall be maintained in a neat and orderly fashion. 1. Front Yard Setback Area a. General Statement Landscaping in these areas shall consist of an effective combination of street trees, trees, ground cover and shrubbery. b. Special Landscaped Streets and Areas (as shown on the Land Use Plan) The entire area between the curb and the building setback line shall be landscaped, except for any driveway in said area. c. Other Streets The entire area between the curb and a point ten (10) feet in back of the front property line shall be landscaped except for any driveway in said area. d. Intersections Landscaping, excepting trees, along all streets and boundaries shall be limited to a height of not more than two and one -half (2 -1/2) feet within the triangle bounded by a line drawn between points thirty -five (35) feet distance from the intersection of the right -of -way lines prolonged. 2. Side and Rear Yard Setback Areas a. General Statement All unpaved areas not utilized for parking and storage, or designated undeveloped areas, shall be landscaped utilizing ground cover and/or shrub and tree materials. b. Undeveloped Areas Undeveloped areas proposed for future expansion shall be maintained in a weed free condition but need not be landscaped. c. Screening Areas used for parking shall be landscaped in such a manner as to interrupt or screen said areas from view from access streets, freeways, and adjacent properties. Plant materials used for this purpose shall consist of lineal or grouped masses of shrubs and/or trees. d. Intersections Landscaping, excepting trees, along all streets and boundaries shall be limited to a height of not more than two and one -half (2 -1/2) feet within the triangle bounded by a line drawn between points thirty -five (35) feet distant from the intersection of the right -of -way lines prolonged. 3. Parking Areas Trees, equal in number of one (1) per each five (5) parking stalls, shall be provided in the parking area. 4. Slope Banks All slope banks greater than 5:1 or 6 feet in vertical height and adjacent to public right - of -way shall be stabilized, planted and irrigated in accordance with the plans submitted to and approved by the Planning Director. K. Loading Areas 1. No loading shall be allowed which is visible from adjacent streets. 2. On other than special landscaped streets, streetside loading shall be allowed provided the loading dock is set back a minimum of seventy (70) feet from the street right -of -way line, or one hundred ten (I 10) feet from the street centerline, whichever is greater. Said loading area must be screened from view from adjacent streets. L. Storage Areas 1. All outdoor storage shall be visually screened from access streets, freeways and adjacent property. Said screening shall form a complete opaque screen but need not exceed eight (8) feet in height. 2. Outdoor storage shall be meant to include all company owned or operated motor vehicles, with the exception of passenger vehicles. 3. No storage shall be permitted between a frontage street and the building line. M. Refuse Collection Areas All outdoor refuse collection areas shall be visually screened from access streets, freeways and adjacent property by a complete opaque screen. 2. No refuse collection areas shall be permitted between a frontage street and the building line. N. Telephone and Electrical Service All "on- site" electrical lines (excluding transmission lines) and telephone lines shall be placed underground. Transformer or terminal equipment shall be visually screened from view from streets and adjacent properties. O. Sidewalks The requirement for sidewalks in the PC district may be waived by the Planning Director if it is demonstrated that such facilities are not needed. However, the City retains the right to require installation of sidewalks, if in the future a need is established by the City. P. Nuisances No portion of the property shall be used in such a manner as to create a nuisance to adjacent sites, such as but not limited to vibration, sound, electro- mechanical disturbance and radiation, electro- magnetic disturbance, radiation, air or water pollution, dust, emission of odorous, toxic or noxious matter. STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LaVonne M. Harkless, 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. 2008 -8 as duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 26th day of February 2008, and that the same was so passed and adopted by the following vote, to wit: Ayes: Henn, Rosansky, Webb, Curry, Daigle, Gardner, Mayor Selich Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 27th day of February 2008. � 6, '17). City Clerk City of Newport Beach, California (Seal) CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2008 -8 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 daily newspaper of general circulation on the following date, to wit: March 1, 2008. In witness whereof, I have hereunto subscribed my name thi day of Arc-4L 11: City Clerk City of Newport Beach, California