Loading...
HomeMy WebLinkAbout2021-1 - Approving Planned Community Development Plan Amendment No. PS2020-001 for the Residences at 4400 Von Karman Project Located at 4400 Von Karman Avenue (PA2020-061)ORDINANCE NO. 2021-1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT NO. PD2020-001 FOR THE RESIDENCES AT 4400 VON KARMAN PROJECT LOCATED AT 4400 VON KARMAN AVENUE (PA2020-061) 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 TPG (KCN) Acquisition, LLC ("Applicant") with respect to property located at 4400 Von Karman Avenue, generally bounded by Birch Street and Von Karman Avenue, and legally described in Exhibit "A" which is attached hereto and incorporated. herein by reference ("Property"); WHEREAS, the Applicant is requesting approval for the development of 312 apartment units atop an 825 -space parking structure, a 284 -space free-standing parking structure, one -acre public park, and reconfiguration of existing surface parking lots serving existing office buildings ("Project") which require the following approvals from the City: • Planned Community Development Plan Amendment (PD2020-001) ("PCDP Amendment") - An amendment to Planned Community Development Plan #15 (Koll Center Newport Planned Community) for the creation of a residential overlay zone and park overlay zone to allow for residential uses and a public park within the Koll Center Newport Professional and Business Office Site B ("Office Site B"); • Major Site Development Review (SD2020-006) ("SD") - A site development review in accordance with the amended Koll Center Newport Planned Community and Section 20.52.080 (Site Development Reviews) of the Newport Beach Municipal Code ("NBMC") for the construction of the Project; • Traffic Study (TS2020-001) ("TS") - A traffic study pursuant to Chapter 15.40 (Traffic Phasing Ordinance) of the NBMC which is required for projects that generate in excess of 300 new average daily trips; • Lot Line Adjustment (LA2020-002) ("LA") - To adjust the lot lines of the two (2) underlying parcels that comprise the Project; Ordinance No. 2021-1 Page 2 of 6 • Affordable Housing Implementation Plan (AH -2020-003) ("AHIP") - A program specifying how the Project meets the City's affordable housing requirements, in exchange for a request of 20 percent increase in density and meets the criteria for a development concession related to the mix of affordable units pursuant to Chapter 20.32 (Density Bonus) of the NBMC and Government Code Section 65915 et seq.; • Development Agreement (DA2020-002) ("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 No. ER2020-003 to the 2006 General Plan Update Environmental Impact Report and the 2008-2014 City of Newport Beach Housing Element Update Initial Study/Negative Declaration ("Addendum") — Pursuant to the California Environmental Quality Act ("CEQA"), the Addendum will address reasonably foreseeable environmental impacts resulting from the Project; WHEREAS, the Property is designated MU -H2 (Mixed -Use Horizontal 2) by the City of Newport Beach General Plan ("General Plan") Land Use Element and located within the Airport Business Area, and the Airport Business Area Integrated Conceptual Development Plan ("ICDP") which allocates a maximum of 260 residential units to be developed on the Property; WHEREAS, the Property is currently located within the PC -15 (Koll Center Newport Planned Community Office Site B) Zoning District; 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 public hearing was held by the Planning Commission on November 5, 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. PC2020-040 by a unanimous vote of (4 ayes, 0 nays) recommending approval of the Project, and the land use entitlements referenced above, to the City Council; Ordinance No. 2021-1 Page 3 of 6 WHEREAS, due to the proposed amendment to 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 John Wayne Airport; WHEREAS, on November 19, 2020, the ALUC found the Project consistent with the AELUP for John Wayne Airport; WHEREAS, telephonic public meetings were held by the Parks, Beaches and Recreation ("PB&R") Commission on December 1, 2020 and January 25, 2021, in the City 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 the Ralph M. Brown Act and by providing written notice to property owners within a 300 foot radius of the Project; WHEREAS, the PB&R Commission determined that the proposed amenities to be provided within the proposed public park for the Project are practical, useable and feasible for the general public, and provided additional recommendations to the City Council; WHEREAS, at the January 12, 2021 City Council meeting, the City Council continued the public hearing to January 26, 2021. A notice of time, place and purpose of the public hearing was given in accordance with the Ralph M. Brown Act; and WHEREAS, the continued public hearing was held telephonically by the City Council on January 26, 2021, 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 were given in accordance with California Public Utilities Code Section 21676(b), the Ralph M. Brown Act, and Chapters 15.40 (Traffic Phasing Ordinance), 15.45 (Development Agreements), 19.76 (Lot Line Adjustments), 20.56 (Planning Community District Procedures) and 20.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Ordinance No. 2021-1 Page 4 of 6 Section 1: The City Council has considered the recommendation of the Planning Commission and the Parks, Beaches and Recreation Commission and determined that modifications to the Project made by the City Council, if any, are not major changes that require referral back to either commission for consideration and recommendation. Section 2: The City Council hereby approves Planned Community Development Plan Amendment No. PD2020-001, an amendment to Planned Community Development Plan #15 (Koll Center Newport Planned Community) as depicted in Exhibit "B", which is attached hereto and incorporated herein by reference and finds that Planned Community Development Plan Amendment No. PD2020-001 complies with the purpose set forth in Section 20.56.010 (Purpose) of the NBMC. The amendment to the Planned Community Development Plan #15 (Koll Center Newport Planned Community) meets the intent and purpose of Section 20.56.010 in that the Residential Overlay Zone provides for the classification and development of 260 additive residential units consistent with the goals and policies of the MU -H2 (Mixed -Use Horizontal 2) land use designation and the ICDP along with a 20 percent density bonus of 52 units for a total 312 residential units, while maintaining the business and professional office park environment. The Residential Overlay Zone is tailored for the Project and includes density, intensity, and development standards such as building height, setbacks, and parking. It also includes general provisions for on-site circulation, loading, landscaping, signage, lighting, and recreation and open space requirements to ensure the Project will be compatible with the existing office developments within Office Site B; and Future development of the Property affected by the proposed amendment will be consistent with the goals and policies of the Land Use Element of the General Plan along with the purpose and intent of PCDP Amendment. Section 3: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 4: 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. 2021-1 Page 5 of 6 Section 5: Environmental Impact Report Addendum No. ER2020-03 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 (Implementation Procedures for California Environmental Quality Act). On the basis of the entire environmental 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) and the City of Newport Beach Housing Element Initial Study/Negative Declaration. The potential impacts associated with this Project would either be the same or less than those described in either the PEIR and the City of Newport Beach Housing Element Initial Study/Negative Declaration 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 and the City of Newport Beach Housing Element Initial Study/Negative Declaration, 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. 2021-2, thereby adopting an addendum to the previously adopted PEIR and the City of Newport Beach Housing Element Initial Study/Negative Declaration. Resolution No. 2021-2, including all findings contained therein, is hereby incorporated by reference. Section 6: 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 7: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published pursuant to City Charter Section 414. This ordinance shall be effective thirty (30) calendar days after its adoption. Ordinance No. 2021-1 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 26th day of January, 2021, and adopted on the 9th day of February, 2021, by the following vote, to -wit: AYES: Mayor Avery, Mayor Pro Tem Muldoon Council Member Blom Council Member Brenner, Council Member Dixon Council Member Duffield NAYS: ABSENT: RECUSED: Council Member O'Neill ATTEST: r BRAD-AV)ERY, MAYOR LEILANI I. BROVVN,LCITY CLERK 10 APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE )0-v ' C ff CL AAR N C. HARP, CITY AT ORNEY NSW �oRN1P Attachments: Exhibit A - Legal Description Exhibit B - Planned Community Development Amendment No. PD2020- 001 Exhibit "A" Legal Description PARCEL 1: THAT CERTAIN PARCEL OF LAND SITUATED IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING THAT PORTION OF PARCEL 2 OF PARCEL MAP NO.91-155AS SHOWN ON A MAP THEREOF, FILED IN BOOK266, PAGES 16 THROUGH 22 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF SAID PARCEL 2 OF PARCEL MAP NO. 91-155; THENCE ALONG THE NORTHEASTERLY LINE THEREOF NORTH 49021'34" WEST 584.54 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHEASTERLY LINE SOUTH 41005'02" WEST 54.87 FEET; THENCE SOUTH 04016'29" EAST 257.91 FEET; THENCE SOUTH 85043'31" WEST 685.70 FEET TO A LINE PARALLEL WITH AND 1.00 FEET EASTERLY OF THE EASTERLY RIGHT-OF-WAY LINE OF VON KARMAN AVENUE AS SHOWN ON SAID PARCEL MAP NO 91-155; THENCE ALONG SAID PARALLEL LINE NORTH 06059'31" WEST 296.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 549.00 FEET; THENCE ALONG SAID CURVE NORTHEASTERLY 90.98 FEET THROUGH A CENTRAL ANGLE OF 09029'40" TO THE NORTHWESTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL LABELED N.A.P. OF SAID PARCEL MAP NO. 91-155 HAVING A BEARING AND DISTANCE OF "NORTH 49021'34" WEST 204.00 FEET"; THENCE ALONG THE NORTHWESTERLY PROLONGATION OF THE SOUTHWESTERLY LINE AND THE SOUTHEASTERLY LINE OF SAID N.A.P. PARCEL AND ITS NORTHEASTERLY PROLONGATION THROUGH THE FOLLOWING COURSES: SOUTH 49021'34" EAST 274.72 FEET; THENCE NORTH 40038'26" EAST 156.94 FEET TO THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL LABELED N.A.P. OF SAID PARCEL MAP NO. 91-155 HAVING A BEARING AND DISTANCE OF "NORTH 49021'34" EAST 204.44 FEET"; THENCE ALONG SAID SOUTHWESTERLY LINE AND THE SOUTHEASTERLY LINE OF SAID N.A.P. PARCEL AND ITS NORTHEASTERLY PROLONGATION THROUGH THE FOLLOWING COURSES: SOUTH 49°21'34" EAST 166.34 FEET; THENCE NORTH 40°38'26" EAST 284.73 FEET TO SAID NORTHEASTERLY LINE OF PARCEL 2; THENCE ALONG SAID NORTHEASTERLY LINE SOUTH 49°21'34' EAST 157.28 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING: 4.51 ACRES, MORE OF LESS. PARCEL2: THAT CERTAIN PARCEL OF LAND SITUATED IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 91-155 AS SHOWN ON A MAP THEREOF, FILED IN BOOK 266, PAGES 16 THROUGH 22 OF PARCEL MAPS, TOGETHER WITH PARCEL 1 OF PARCEL MAP NO. 82-713 AS SHOWN ON A MAP THEREOF, FILED IN BOOK 181, PAGES 13 THROUGH 19 OF PARCEL MAPS, BOTH IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY. EXCEPTING THEREFROM THAT CERTAIN PARCEL DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF SAID PARCEL 2 OF PARCEL MAP NO. 91-155; THENCE ALONG THE NORTHEASTERLY LINE THEREOF NORTH 49021'34" WEST 584.54 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHEASTERLY LINE SOUTH 41005'02" WEST 54.87 FEET; THENCE SOUTH 04016'29" EAST 257.91 FEET; THENCE SOUTH 85043'31" WEST 685.70 FEET TO A LINE PARALLEL WITH AND 1.00 FEET EASTERLY OF THE EASTERLY RIGHT-OF-WAY LINE OF VON KARMAN AVENUE AS SHOWN ON SAID PARCEL MAP NO 91-155; THENCE ALONG SAID PARALLEL LINE NORTH 06059'31" WEST 296.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 549.00 FEET; THENCE ALONG SAID CURVE NORTHEASTERLY 90.98 FEET THROUGH A CENTRAL ANGLE OF 09029'40" TO THE NORTHWESTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL LABELED N.A.P. OF SAID PARCEL MAP NO. 91-155 HAVING A BEARING AND DISTANCE OF "NORTH 49021'34" WEST 204.00 FEET"; THENCE ALONG THE NORTHWESTERLY PROLONGATION OF THE SOUTHWESTERLY LINE AND THE SOUTHEASTERLY LINE OF SAID N.A.P. PARCEL AND ITS NORTHEASTERLY PROLONGATION THROUGH THE FOLLOWING COURSES: SOUTH 49021'34" EAST 274.72 FEET; THENCE NORTH 40°38'26" EAST 156.94 FEET TO THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL LABELED N.A.P. OF SAID PARCEL MAP NO. 91-155 HAVING A BEARING AND DISTANCE OF "NORTH 49021'34" EAST 204.44 FEET"; THENCE ALONG SAID SOUTHWESTERLY LINE AND THE SOUTHEASTERLY LINE OF SAID N.A.P. PARCEL AND ITS NORTHEASTERLY PROLONGATION THROUGH THE FOLLOWING COURSES: SOUTH 49021'34" EAST 166.34 FEET; THENCE NORTH 40°3826" EAST 284.73 FEET TO SAID NORTHEASTERLY LINE OF PARCEL 2; THENCE ALONG SAID NORTHEASTERLY LINE SOUTH 49°21'34' EAST 157.28 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING: 20.09 ACRES, MORE OF LESS. SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS-OF-WAY AND EASEMENTS OF RECORD. Exhibit "B" Planned Community Development Plan Amendment No. PD2020-001 Document Attached. PLANNED COMMUNITY DEVELOPMENT REGULATIONS AND STANDARDS €of Koll Center Newport Ordinance No. 1449, adopted by the City of Newport Beach August 14, 1972 (Amendment No. 313) Original draft May 5, 1972 Amendment (1) August 14, 1972 Amendment (2) August 14, 1972 Amendment (3) August 2, 1973 Amendment (4) February 7, 1974 Amendment (5) June 10, 1974 Amendment (6) May 15, 1975 Amendment (7) September 8, 1975 Amendment (8) June 28, 1976 Amendment (9) January 10, 1977 Amendment (10) July 11, 1978 Amendment (11) August 28, 1978 Amendment (12) October 19, 1978 Amendment (13) November 10, 1980 Amendment (14) March 23, 1981 Amendment (15) October 24, 1984 Amendment (16) May 14, 1984 Amendment (17) December 9, 1985 Amendment (18) July 14, 1986 Amendment (19) March 23, 1987 Amendment (20) July 27, 1987 Amendment (2 1) June 12, 1989 Amendment (22) April 25, 1994 Amendment (23) October 9, 1995 Amendment (24) February 23, 1998 Amendment (25) August 10, 1998 Amendment (26) January 11, 2000 Amendment (27) January 25, 2000 Amendment (28) August 9, 2005 Ordinance No. 2006-19(29) July 25, 2006 Ordinance No. 2006-21(30) October 24, 2006 Ordinance No. 2011-3(31) January 25, 2011 Ordinance No. 2011-8(32) March 8, 2011 Ordinance No. 2013-5(33) March 12, 2013 Ordinance No. (34) , 20 NOTE: See Footnotes beginning on Page 49 for description of amendments. CONTENTS PAGE NO. PREFACE I DEVELOPMENT CONSIDERATIONS 2 GENERAL NOTES 6 DEFINITIONS 7 PARTI. INDUSTRIAL — Deleted (33) PART II. COMMERCIAL Section I. 10 Site Area and Building Area Section II. 21 Permitted Uses Section III. 25 General Development Standards for Commercial Land PART III. GENERAL PARKING REQUIREMENTS Section 1. 29 PART IV. GENERAL SIGN REQUIREMENTS Section I. 32 Sign Standards Section II. 35 Sign Area Section III. 35 Maintenance PART V. GENERAL LANDSCAPE STANDARDS Section 1. 36 General Statement PART VI. RESIDENTIAL OVERLAY 41 PART VII. FOOTNOTES 49 PART VIII. ATTACHED EXHIBITS (34) 54 Composite ............................................. For Information Only ExhibitA .............................................. Land Use Exhibit B ............................................... Grading and Roads Exhibit C ............................................... Storm Drain Exhibit D .............................................. Water & Sewer Exhibit E ............................................... Boundary and Topography Exhibit F .............................................. Residential Overlay Map — Office Site B Exhibit G ............................................. Pedestrian Connection Diagram PRF.FACF. It is the intent of this Planned Community Development to provide comprehensive zoning for his now the Collins Radie pr-opet4y Koll Center Newport while including provisions allowing for residential development consistent with the City of Newport Beach General Plan and the Integrated Conceptual Development Plan approved by the City of Newport Beach on December 10, 2010, within the Residential Overlay zone of Professional and Business Office Site B. Residential uses are permitted in accordance with the provisions found in Part VI, herein. Existing and planned uses within this development afe include a hotel with banquet and convention facilities, a small retail and service center, restaurants, a private club, the Orange County Courthouse with the balance of the acreage developed as a business and professional office park emphasizing open space. (34) DEVELOPMENT CONSIDERATIONS (1) (34) This Planned Community Development is a project of The Koll Company. This area is most appropriate for commercial and light industrial uses, and residential where specifically permitted analysis to s„ b—sitt,„*:^to this a,.,.,,f, ent Attached drawings indicate land use, grading and roads, storm drains, water and sewer, topography residential overlay zone, and pedestrian connection diagram to Uptown Newport mixed-use development. The site is comprised of approximately 154.0 acres and is generally bounded on the northeast by Campus Drive, on the southeast by Jamboree Road and on the west by MacArthur Boulevard. (10) (33) In order to ensure development consistent with the master plan concept, a review shall be required. Prior to the issuance of any building permits, a precise site development plarr review application shall be submitted by the developer to the Planning Community Development Director for review. The pipe application shall conform to the requirements of this Planned Community text and all other applicable codes and regulations and shall be approved prior to submission by The Koll Company. Included in the plan review material shall be: Building Criteria a. size b. location c. height d. materials e. number of residential units, if applicable Parking Criteria a. areas, including drives and accesses b. quantity c. size Landscaped Areas a. setbacks b. walls c. plazas d. pools, fountains and/or other amenities 4. Signing Criteria a. location b. size c. quantity 2 5. All other information as required by the City or as directed by the Community Development Director and as recommended below. Items 5a through 5e inclusive. a. Sewage System Criteria The sewer system in the vicinity of the lake should be revised to conform to the following criteria: 1. All sewer lines should be located such that they will not be under water even when the lake is at its maximum level. 2. Sewer lines shall be located in 15 -foot wide (minimum) easements and must be accessible to maintenance vehicles at all times. 3. The depth of sewer lines should not exceed 15 feet, with the possible exception of joining the existing system at MacArthur Boulevard. b. Pedestrian Circulation (34) A pedestrian sidewalk system along the public streets shall be constructed throughout the development. The adequacy of such system shall be analyzed independently of any on-site pedestrian walkway system proposed for a particular portion of the development. In addition, connections between Uptown Newport and Koll Center shall be consistent with the Integrated Conceptual Development Plan. C. Bicycle Circulation A system of bicycle paths coordinated with the City's Master Plan of Bicycle Trails and meeting the approval of the Community Development Director and the Director of Parks, Beaches and Recreation shall be developed and maintained within the planned community. d. Erosion Control Landscaping plans shall incorporate provisions for Erosion Control on all graded sites which will remain vacant for a considerable period of time prior to commencement of building construction. e. Traffic Considerations Both MacArthur Boulevard and Jamboree Road shall be widened to provide for 6 through lanes, double left turn lanes .c3 at all intersections, and free right turning lanes at all intersections. ii. Von Karman shall be widened at the intersection with MacArthur Boulevard to provide 6 lanes. iii. All streets on the site except for Von Karman shall be flared to provide at least 5 lanes at intersections with peripheral streets. iv. Birch Street shall be flared to 5 lanes at the intersection with Von Karman. V. Campus Drive shall be widened to provide dual left turn lanes at Von Karman. vi. Von Karman shall be improved for its full length from MacArthur Boulevard to Campus Drive in conjunction with initial development of areas which do not take primary access from Campus Drive or Jamboree Road. vii. Access rights to MacArthur Boulevard shall be dedicated to the City except for the Birch Street and Von Karman Avenue intersections. Consideration may be given to providing additional access points at a later date if more detailed traffic studies demonstrate the desirability of such additional access points. Consideration shall be limited to right turn egress and right and left turn ingress. (11) viii. Traffic signals shall be constructed at the intersections of MacArthur Boulevard with Birch Street and with Von Karman Avenue when the latter two streets are opened. The developer shall be responsible for 50% of the cost of the signal at Von Karman and 50% of the cost of the signal at Birch Street. ix. A traffic signal shall be constructed at the intersection of Campus Drive and Jamboree Road in conjunction with the initial stages of development. The developer shall be responsible for 25% of the cost of the signal. X. A traffic signal shall be installed at the intersection of Von Karman and Birch Street, with the developer to be responsible for 100% of the cost. Construction shall be scheduled so that the signal will be completed not later than June 30, 1977. (8) xi. A traffic signal shall be installed at the intersection of Von Karman and Campus Drive, with the developer to be responsible for 50% of the cost. Construction shall be 4 scheduled so that the signal will be completed not later than December 30, 1976. (8) A traffic signal shall be installed at the intersection of Jamboree Boulevard and Birch Street, with the developer to be responsible for 50% of the cost. Construction shall be scheduled so that the signal will be completed not later than June 30, 1977. (8) In order to accomplish the schedule for construction of these two signals, a cooperative agreement may be entered into between the developer and the City. The agreement shall provide for the developer to advance the nondeveloper share of the funding, if necessary; with provisions for reimbursement by the City. The agreement may also provide for a credit to the developer for funds advanced for the City's share of construction costs for signals constructed elsewhere in the project. (8) xii. Provision for other traffic signals shall be investigated in conjunction with the process of development at a later date. xiii. Phasing of Development. 1,651,757 sq. ft. of development was existing or under construction as of October 1, 1978. The additional allowable development in the total approved development plan is 1,058,863 sq. ft. Any further development subsequent to October 1, 1978, in excess of 30% of the additional allowable development, being 317,658 sq. ft., shall be approved only after it can be demonstrated that adequate traffic facilities will be available to handle that traffic generated by the project at the time of occupancy of the buildings involved. Such demonstration may be made by the presentation of a phasing plan consistent with the Circulation Element of the Newport Beach General Plan. (12) f. Airport (2) The following disclosure statement of the City of Newport Beach's policy regarding the Orange County Airport shall be included in all leases or subleases for space in the Planned Community Development and shall be included in the Covenants, Conditions and Restrictions recorded against the property. Disclosure Statement (2) The Lessee herein, his heirs, successors and assigns acknowledge that: The n.., nge r ,trot. John Wayne Airport may not be able to provide adequate air service for business establishments which rely on such service; ii. When an alternate air facility is available, a complete phase out of jet service may occur at the Orange reunt5 John Wayne Airport; iii. The City of Newport Beach may continue to oppose additional commercial air service expansion at the Orange County John Wayne Airport; iv. Lessee, his heirs, successors and assigns will not actively oppose any action taken by the City of Newport Beach to phase out or limit jet air service at tl3e Orange County John Wayne Airport. rol GENERAL NOTES REQUIREMENTS Water within the planned community area is will be furnished by the Irvine Ranch Water District. Prior to or coincidental with the filing of any tentative map or use permit, the developer shall submit a master plan of drainage to the Director of Public Works. The height of all buildings and structures shall comply with Federal Aviation Administration criteria. Whenever development regulations or standards of this planned community development plan conflict with the regulations of the Newport Beach Municipal Code, the regulations contained herein shall prevail. The Municipal Code shall regulate this development whenever regulations are not provided within these district regulations. All words and phrases used in this planned community development plan shall have the same meaning and definition as used in the City of Newport Beach Municipal Code unless defined differently within the Koll Center Planned Community Development Plan. The contents of this supplemental text notwithstanding, no construction shall be proposed within the boundaries of this planned community district except that which shall comply with all applicable provisions of the City -adopted California Building Code, Fire Code, and the various mechanical and electrical codes related thereto. DEFINITIONS Advertising Surface: The total area of the face of the structure, excluding supports. Area of Elevation: Total height and length of a building as projected to a vertical plane. Building Line: An imaginary line parallel to the street right-of-way line specifying the closest point from this street right-of-way that a building structure may be located (except for overhangs, stairs and sunscreens). Right -of -Waw When reference is made to right-of-way line it shall mean the line which is then established on either the adopted Master Plan of Streets and Highways or the filed Tract Map for Minor Roads as the ultimate right-of-way line for roads or streets. Side and Front of Corner Lots: For the purpose of this ordinance, the narrowest frontage of a lot facing the street is the front, and the longest frontage facing the intersecting street is the side, irrespective of the direction in which the structures face. Simon: Any structure, device or contrivance, electric or non -electric and all parts thereof which are erected or used for advertising purposes upon or within which any poster, bill, bulletin, printing, lettering, painting, device or other advertising of any kind whatsoever is used, placed, posted, tacked, nailed, pasted or otherwise fastened or affixed. Commerce: All those permitted uses as specified in Part II, Section II, Group I through VII, inclusive, in this text. Commercial Land: The site area upon which any or all commercial permitted uses would exist. Site Area: (3) The total land area of the land described in the use or other permit, including footprint lots. Special Landscaped Street: Special landscaped streets are designated as MacArthur Boulevard, Jamboree Boulevard and Campus Drive. The landscaping requirements for special landscaped streets and for the remaining streets are described in the following text. Streets - Dedicated and Private: Reference to all streets or rights-of-way within this ordinance shall mean dedicated vehicular rights- of-way. In the case of private or non -dedicated streets, a minimum setback from the right-of-way line of said streets of ten (10) feet shall be required for all structures. Except for sidewalks or access drives, this area shall be landscaped according to the setback area standards from dedicated streets contained herein. Driveway: Vehicular access ways onto or within private property exclusive of streets, dedicated or private. A minimum separation of five (5) feet shall be maintained between all driveways and buildings. Footprint Lot: (3) The area of land required for the building pad, encompassing the peripheral area of the building. Appurtenant and contiguous to the footprint lot shall be all parking, landscape, setbacks and other areas as described and required by this text. Landscape Area: (4) The landscape area shall include walks, plazas, water and all other areas not devoted to building footprints or vehicular parking and drive surfaces. In calculating area of required landscaping any off- site landscaping such as landscaped medians or parkways in street rights-of-way shall not be included. 0 PART L INDUSTRIAL — Deleted. (33) H PART II Section I. COMMERCIAL Site Area and Building Area Group I PROFESSIONAL & BUSINESS OFFICES Acreages shown are net buildable land area including landscape setbacks with property lines. (4) A. Building Sites (4) B. Allowable Building Area Office Acreage 30.939 acres *(29) 43.703 acres (11) 18.806 acres (10) 19.673 acres 2.371 acres 1.765 acres 5.317 acres (8) 117.114 acres(8)(10)(11) Site A Total Acreage Site A 30.939 acres * (29) Site B 43.703 acres (11) Site C 18.806 acres (10) Site D 19.673 acres Site E 2.371 acres Site F 1.765 acres Site G 5.317 acres (8) TOTAL 117.114 acres (8)(10)(11) B. Allowable Building Area Office Acreage 30.939 acres *(29) 43.703 acres (11) 18.806 acres (10) 19.673 acres 2.371 acres 1.765 acres 5.317 acres (8) 117.114 acres(8)(10)(11) Site A 366,147 square feet (16)(26)(29)(30) Site B 977,720 square feet (13)(16)(28)(30)(32) Site C 674,800 square feet (I 0)(15) Site D 240,149 square feet (8)(13) Site E 32,500 square feet (4) Site F 42,646 square feet (4)(3 1) Site G 45,000 square feet (8) TOTAL 2,378,962 square fee t_(I5)(*)(31) C. Statistical Analysis (4) The following statistics are for information only. Development may include but shall not be limited to the following: Story heights shown are average heights for possible development. The buildings within each parcel may vary. Assumed Parking Criteria: a. One (1) space per 225 square feet of net building area @ 120 cars per acre for Sites C, D, E, F and G. *(3)(4) In addition to 19.399 acres of office use, there is 9.54 acres for hotel and motel and 2.0 acres of lake within Office Site A. Therefore, there are 30.939 acres net within Office Site A. (3)(4)(16) 1. 2. b. One (1) space per 300 square feet of net building area @ 120 cars per acre for Sites A, B and C. (11) Site A Allowable Building Area ....... 366,147 square feet (16)(26)(29)(30) Site Area ...... 19.399 acres *(3)(4)(16) a. Building Height Two story development Three story development Four story development Five story development Six story development Seven story development Eight story development Nine story development Ten story development Eleven story development Twelve story development Parking 1,221 cars Land Coverage (16)(29)(30) ............... 4.20 acres ............... 2.80 acres ............... 2.10 acres ............... 1.68 acres ............... 1.40 acres ............... 1.20 acres ............... 1.05 acres ............... 0.93 acres ............... 0.84 acres ............... 0.76 acres ............... 0.70 acres Land Coverage ........... 10.18 acres (11,16,29,30) C. Landscaped Open Space (4, 11,16) Land Coverage (29,30) Two story development ............... 5.02 acres Three story development ............... 6.42 acres Four story development ............... 7.12 acres Five story development ............... 7.54 acres Six story development ............... 7.80 acres Seven story development ............... 8.02 acres Eight story development ............... 8.17 acres Nine story development ............... 8.29 acres Ten story development ............... 8.38 acres Eleven story development ............... 8.46 acres Twelve story development ............... 8.52 acres Site B Allowable Building Area ...... Site Area ...... 12 977,720 square feet (13,16,28,30) 43.703 acres (4) (11) a. Building Height Two story development Three story development Four story development Five story development Six story development Seven story development Eight story development Nine story development Ten story development Eleven story development Twelve story development b. Parking 3-,2-5-9 3,261 cars (34) C. Landscaped Open Space (11) Two story development Three story development Four story development Five story development Six story development Seven story development Eight story development Nine story development Ten story development Eleven story development Twelve story development 3. Site C (10) Allowable Building Area Site Area a. Building Height Two story development Three story development Four story development Five story development Six story development Seven story development Eight story development Nine story development Ten story development Eleven story development Twelve story development 13 Land Coverage (16,28,30,32)) ............... 11.22 acres ............... 7.48 acres ............... 5.61 acres ............... 4.49 acres ............... 3.74 acres ............... 3.21 acres ............... 2.81 acres ............... 2.49 acres ............... 2.24 acres ............... 2.04 acres ............... 1.87 acres Land Coverage (11,13,16,28,30) ............... 27.16 acres Land Coverage (11,13,16,28,30,32)) ............... 5.32 acres ............... 9.06 acres ............... 10.93 acres ............... 12.05 acres ............... 12.80 acres ............... 13.33 acres ............... 13.73 acres ............... 14.05 acres ............... 14.30 acres ............... 14.50 acres ............... 14.67 acres ......... 674,800 square feet (15) (17)* ......... 18.806 acres (4) Land Coverage (15) ............... 7.75 acres ............... 5.16 acres ............... 3.87 acres ............... 3.10 acres ............... 2.58 acres ............... 2.21 acres ............... 1.94 acres ............... 1.72 acres ............... 1.55 acres ............... 1.41 acres ............... 1.29 acres b. Parking 2,249 cars Land Coverage (15) ............... 18.74 acres * The square footage includes a maximum of 3,250 square feet for up to two (2) restaurants, bars, or theater/nightclubs. Any portion or all of the floor area not utilized for the purpose shall revert to professional and business office use. (17) C. Landscaped Open Space Land Coverage (4)(15) Two story development ............... -7.68 acres Three story development ............... -5.09 acres Four story development ............... -3.80 acres Five story development ............... -3.03 acres Six story development ............... -2.51 acres Seven story development ............... -2.14 acres Eight story development ............... -1.87 acres Nine story development ............... -1.65 acres Ten story development ............... -1.48 acres Eleven story development ............... -1.34 acres Twelve story development ............... -1.24 acres 4. Site D Allowable Building Area ......... 240,149 square feet (8)(13) Site Area ......... 19.673 acres (4) a. Building Height Land Coverage(8) (13) Two story development ............... 2.75 acres Three story development ............... 1.84 acres Four story development ............... 1.38 acres Five story development ............... 1.10 acres Six story development ............... 0.92 acres Seven story development ............... 0.79 acres Eight story development ............... 0.69 acres Nine story development ............... 0.61 acres Ten story development ............... 0.55 acres Eleven story development ............... 0.50 acres Twelve story development ............... 0.46 acres b. Parking Land Coverage (8) (13) 1,067 cars ............... 8.89 acres 14 C. 5. Site E Landscaped Open Space Two story development Three story development Four story development Five story development Six story development Seven story development Eight story development Nine story development Ten story development Eleven story development Twelve story development Allowable Building Area Site Area a. a C. Building Height Two story development Three story development Four story development Five story development Six story development Seven story development Eight story development Nine story development Ten story development Eleven story development Twelve story development Parkin 144 cars Landscaped Open Space (4) Two story development Three story development Four story development Five story development Six story development Seven story development Eight story development Nine story development Ten story development Eleven story development Twelve story development 15 Land Coverage (4) (8) (13) ............... 8.03 acres ............... 8.94 acres ............... 9.40 acres ............... 9.68 acres ............... 9.86 acres ............... 9.99 acres ............... 10.09 acres ............... 10.17 acres ............... 10.23 acres ............... 10.28 acres ............... 10.32 acres ....... 32,500 square feet (4) ....... 2.371 acres (4) Land Coverage (4) ............... 0.37 acres ............... 0.25 acres ............... 0.19 acres ............... 0.15 acres ............... 0.12 acres ............... 0.11 acres ............... 0.10 acres ............... 0.09 acres ............... 0.08 acres ............... 0.07 acres ............... 0.06 acres Land Coverage (4) ............. 1.20 acres Land Coverage ............... 0.80 acres ............... 0.92 acres ............... 0.98 acres ............... 1.02 acres ............... 1.05 acres ............... 1.06 acres ............... 1.07 acres ............... 1.08 acres ............... 1.09 acres ............... 1.10 acres ............... 1.11 acres 6. Site F (4)(3 1) Allowable Building Area Site Area a. L c BuildiniHeig_ht One story development Two story development Three story development Four story development Five story development Six story development Parking 190 cars Landscaped Open Space One story development Two story development Three story development Four story development Five story development Six story development 7. Site G (8) Allowable Building Area Site Area a. LM C. Building Height One story development Two story development Three story development Four story development Parking 200 cars Landscaped Open Space One story development Two story development Three story development Four story development 16 ......... 42,646 square feet ......... 1.765 acres Land Coverage ............... 0.98 acres ............... 0.49 acres ............... 0.33 acres ............... 0.24 acres ...........0.20 acres ............0.16 acres Land Coverage ............ 1.58 acres Land Coverage ............... <0.80> acres ............... <0.31> acres ............... <0.15> acres ............... <0.06> acres ................<0.02> acres ............. <0.03> acres ...... 45,000 square feet ...... 5.317 acres Land Coverage ............... 1.03 acres ............... 0.52 acres ............... 0.34 acres ............... 0.26 acres Land Coverage ........... 1.67 acres Land Coverage ............... 2.62 acres ............... 3.13 acres ............... 3.31 acres ............... 3.39 acres Building Height Maximum building height shall not exceed twelve (12) stories above ground level; and shall in no way exceed the height limits set by the Federal Aviation Administration Auther-ity ref Conclusions The preceding figures indicate that within a fixed maximum density as the height of the building increases the resulting open landscaped area also increases. Group Il. HOTEL & MOTEL (1) A. Building Sites For the purposes of this statistical analysis, 9.54 acres have been allotted for hotel and motel development. This acreage is for statistical purposes only. It is necessary to allot a specific acreage within this analysis to secure office building densities within their specific parcels. Development may include but shall not be limited to this acreage. The hotel and motel site size shall be determined at the time a use permit is secured. B. Building Height Maximum building height shall not exceed height limits set by the Federal Aviation Administration � .uthaFity fer O fango Geufit , n irp .. Group III. COURT HOUSE A. Building Site Site 1: 7.80 acres ..................................... 7.80 acres B. Building Area Site 1: 90,000 square feet ........................ 90,000 square feet The following statistics are for information only. Development may include but shall not be limited to the following. C. Parking 400 Cars............................................................... 3.33 acres D. Landscaped Open Space Land Coverage Two story development ........................................ 3.44 acres Three story development ...................................... 3.78 acres Four story development ........................................ 3.95 acres 17 Five story development ......................................... 4.06 acres Six story development ........................................... 4.13 acres E. Building Height Maximum building height shall not exceed height limits set by the Federal Aviation Administration <^ utheri ty fef O .mage County n ifp Group IV. SERVICE STATIONS A. Building Sites (4) (5) (11) Site 3: 1.765 acres ................................... 1.765 acres Service station site 3 shall be located within Office Site F and shall not exceed 1.765 acres in size. Any portion or all of Site 3 not utilized for service station use shall revert to either professional and business office use or restaurant use. (4) Group V. RESTAURANTS (1) (4) A. Building Sites Maximum acreages for Site 2 shall not exceed 1.25 (18) acres. Maximum acreage for Site 3: 1.765 acres. Maximum acreages for Sites 4 and 5 shall not exceed 3.0 acres. Maximum acreage for Sites 6 and 7 shall not exceed 2.2 acres. (8) (The following acreages are for information only.) Site 1 Deleted see Group VII. .............. (18) Site2 .................................................... 1.25 acres Site3 .................................................... 1.765 acres Site 4 Deleted......................................................(30) Site 5 Deleted .................................................... (30) Site 6 .................................................... 1.50 acres (8) Site 7 .................................................... 0.70 acres (8) 5.215 acres ...........5.215 acres (30) Site 1 Deleted see Group VII Private Club (18) Site 2 (4101 Jamboree — Taco Bell) located within Office Site `B" (4)(16)(30) Site 3 located within Office Site "F". (4) Site 4 (4300 Von Karman Avenue — Koto Restaurant) deleted and reverted to Site B Professional and Business Office Allowable Building Area. (30) Site 5 deleted from Office Site "B" and transferred to Office Site "A" as Professional and Business Office Allowable Building Area (30) Sites 6 and 7 located within Office Site "G". (8) Any portion or all of the restaurant, bar, theater/nightclub acreage for Sites 2, 4, 5, 6 or 7 not utilized for that purpose shall revert to professional and business office use. Any portion or all of the restaurant acreage for Site 3 not utilized for that purpose shall revert to either professional and business office use or service station use. (4) (8) (18) 19 The following statistics are for information only. Development may include but shall not be limited to the following. NO C. 0 E. Building Area (4)(8) (30) Site 2 ................ 2,397sq. ft. ...... 0.06 acres (30) Site 3 ................ 10,000 sq. ft. ...... 0.22 acres Site 4 ................ Deleted Site 6 (8) .... Site 5 ................ Deleted 0.38 acres Site 6 (8) .......... 7,000 sq. ft. ...... 0.16 acres Site 7 (8) .......... 3,000 sq. ft. ...... 0.07 acres 22,397 sa. ft. ...... 0.51 acres .......0.51 acres (8, 18, 30) Parkin Criteria: 300 occupants/10,000 sq. ft. 1 space/3 occupants and 120 cars per acre. Site 2 .......... 24 cars ............. 0.20 acres (30) Site 3 .......... 100 cars ............... 0.84 acres Site 4 .......... Deleted Site 5 .......... Deleted Site 6 (8) ... 70 cars ............... 0.58 acres Site 7 (8) ... 30 cars ............... 0.25 acres 224 cars ............... 1.87 acres ....... 1.87 acres (8) (18)(30) Landscaped Open Space (4) (30) Site 2 .......... 0.99 acres (30) Site 3 .......... 0.70 acres Site 4 .......... Deleted Site 5 .......... Deleted Site 6 (8) .... 0.76 acres Site 7 (8) .... 0.38 acres 2.83 acres ....... Building Height ..... 2.83 acres (8) (18)(30) Building height of structures shall be limited to a height of thirty-five (35) feet. P Group VI. RETAIL & SERVICE CENTER A. Building (4) (5) Site 1 .......... 5.026 acres Site 2 Deleted (30) 5.026 acres ...................................... 5.026 acres (30) Site 2 shall be located within Office Site `B." Any portion or all of the retail and service Site 2 acreage not utilized for that purpose shall revert to professional and business office use. (4) (16) Site 2 deleted from Office Site "B" and transferred to Office Site "A" as Professional and Business Office Allowable Building Area. (30) B. Allowable Building Area (5) * Retail Site No. 1 .......... 120,000 sq. ft. (14)(27) Retail Site No. 2 .......... Deleted (30) * Retail Site No. 1 (sq. Ft.) Parcel Existing Total Parcel 1, R/S 588 (H) (H) 70,630 Parcel 3, R/S 506 (R) (R) 0 (0) (O) 22,000 Parcel 4, R/S 506 (R) 4,115 (R) 21,896 (0) 0 (0) 5,474 Subtotal (R) 12,315 (R) 21,896 (0) 0 (0) 27,474 (H) 70,630 Total 120,000 (14)(27) (R) = Retail C. Landscape Area (5) (0) = Office (H) = Hotel Twenty-five (25) percent of the 5.026 acres constituting retail and service center Site No. 1 shall be developed as landscape area. If twenty-five (25) percent of the 5.026 acres constituting retail and service center Site No. 1 is not developed as landscape area, a specific site plan shall be submitted to the City of Newport Beach Planning Commission for approval prior to the issuing of a building permit. 21 D. Statistical Analysis (5) The following statistics are for information only. Development may include but shall not be limited to the following. Assumed parking criteria: One (1) space per 200 square feet of net building area at 120 cars per acre. 1. Site 1 Allowable Building Area .................................... 120,000 sq. ft. (14)(27) SiteArea............................................................................. 5.026 acres a. Building Height (14) Two story development .......................................... 1.17 acres Three story development ........................................ 0.78 acres Four story development .......................................... 0.59 acres Five story development ........................................... 0.47 acres b. Parking (14) 460 cars................................................................... 3.83 acres C. Landscaped Open Space (14) Two story development .......................................... 0.03 acres Three story development ........................................ 0.87 acres Four story development ......................................... 0.61 acres Five story development .......................................... 0.73 acres 2. Site 2 Deleted (30) E. Building Height Building height of structures shall be limited to a height of thirty-five (35) feet above mean existing grade as shown on Exhibit "B." (5) Building height of structures for Service Site I shall be limited to a height of sixty feet (27) Group VII. PRIVATE CLUB (18) A. Building Site Site1 .......................... 2.0 acres ....................................... 2.0 acres Site 1 shall be located within Office Site "A." Any portion or all of the private club acreage not utilized for that purpose shall revert to professional and business office use. 1. Site 1 22 Allowable Building Area ........................................45,000 square feet (26) B. Building Height Building height of structures shall be limited to a height of fifty (50) feet. Section II. Permitted Uses Group L PROFESSIONAL AND BUSINESS OFFICES To allow the location of commercial activities engaged in the sale of products or services relating to and supporting the Development Plan, provided that such activities are confined within a building or buildings. A. Professional Offices similar in nature to but not limited to the following: (6) 1. Accountants 2. Attorneys 3. Doctors, dentists, optometrists, oculists, chiropractors and others licensed by the State of California to practice the healing arts. 4. Engineers, architects, surveyors and planners. B. Business Offices similar in nature to but not limited to the following: (6) 1. Advertising agencies 2. Banks 3. Economic consultants 4. Employment agencies 5. Escrow offices 6. Insurance agencies 7. Laboratories a. Dental b. Medical c. X -Ray d. Bio -chemical e. Film, wholesale only f. Optometrical 8. Stockbrokers 9. Studios for interior decorators, photographers, artists and draftsmen. 10. Telephone answering services 11. Tourist information and travel agencies C. Hotel and Motel (1) To allow for the location within Office Site "A" of a hotel or motel development, subject to a use permit. 23 D. Restaurants, bars and theater/nightclubs subject to the procedures, regulations and guidelines set forth in Title 20 of the Newport Beach Municipal Code, in each case. (1) (3) (4) (7) (25) 1. Deleted (18) * 2. To allow within the 43.703 acres of Office Site `B" three (3) restaurant, bar or theater/nightclub sites. (16) 3. To allow within the 18.806 acres of Office Site "C" up to two (2) restaurant, bar or theater/nightclub sites with a total area not to exceed 3,250 square feet. Specific location of these restaurants, bars or theater/nightclubs to be determined at a later date. The permitted professional and business offices' allowable building area for the site will be reduced accordingly. (17) 4. To allow within the 1.765 acres of Office Site "F" two (2) restaurant, bar or theater/nightclub sites. Specific location of these sites to be determined at a later date. All other acreage shall be adjusted and shall not increase or decrease the professional and business offices allowable building area for the site. 5. To allow within the 5.317 acres of Office Site "G" three (3) restaurant, bar or theater/nightclub sites. Specific location of these sites to be determined at a later date. All other acreage shall not increase or decrease the professional and business offices' allowable building area for the site. (8) (25) * E. Private Club (4) (18) (26) To allow within Office Site "A" one (1) private club site at 4110 MacArthur Boulevard. F. Service Station (4) To allow within Office Site "F" one (1) service station site. Specific location to be determined at a later date. All other acreages shall be adjusted and shall not increase or decrease the professional and business office allowable building area for the site. * (4) If restaurant, bar or theater/nightclub, or private club uses are developed, the allowable building area for Office Site "B" shall be restricted by one of the following conditions: 1. The 963,849 square feet of allowable building area shall not increase or decrease so long as twenty-five (25) percent of the 41.969 acres constituting Office Site "B" is developed as landscaped area. (16) 24 2. If twenty-five (25) percent of the 42.709 acres constituting Office Site `B" is not developed as landscape area, the 963,849 square feet of allowable building area shall be reduced by the gross building area of the restaurants, bars or theater/nightclubs and/or private club. The allowable building area shall be further reduced by the number of additional parking spaces required to support a restaurant, bar or theater/nightclub, or a private club beyond what would be required for an equivalent area of office use. The reduction shall be 225 square feet per additional space. (16) G. Support Commercial (20) The uses permitted under this section are of a convenience nature ancillary to the operation and use of office facilities. These uses shall be in addition to those sites permitted under Part II. Section II. Group V (Restaurants). These uses shall not increase the allowable building area for Professional and Business Office. 1. Retail sales and services including tobacco stores, card shops, confectionery and newspaper stands, and other uses which, in the opinion of the Plafffling Community Development Director, are of a similar nature. Retail uses shall be located in the basement or on the first floor of a building. Storage for such uses shall be within a building. 2. Restaurants, including outdoor restaurants and take-out restaurants, bars or theater/nightclubs shall be permitted subject to the procedures, regulations and guidelines set forth in Title 20 of the Newport Beach Municipal Code, in each case. (25) Group II. HOTEL & MOTEL (1) Subject to a use permit. Group III. COURT HOUSE State, County and/or City Facilities. Group IV. SERVICE STATIONS & MECHANICAL CAR WASH (4) A. Service stations subject to the City of Newport Beach service station standards. B. Mechanical car wash, subject to a use permit. Mechanical car wash shall only be allowed in conjunction with or in lieu of a permitted service station use. Group V. RESTAURANTS (7) A. Restaurants, including outdoor, drive-in or take-out restaurants, bars and theater/nightclubs, shall be subject to the procedures, regulations and guidelines set forth in Title 20 of the Newport Beach Municipal Code, in each 25 case. Facilities other than indoor dining establishments or those that qualify as outdoor, drive-in or take-out establishments shall be subject to the City of Newport Beach regulations covering drive-in and outdoor establishments. (25) Group VI. RETAIL, & SERVICE CENTER (1) A. Permitted Uses 1. Restaurants, including outdoor, drive-in or take-out restaurants, bars and theater/nightclubs, shall be permitted subject to the procedures, regulations and guidelines set forth in Title 20 of the Newport Beach Municipal Code, in each case, except as noted under "a" and "b" below. (7) (25) a. Restaurants, other than outdoor, drive-in or take-out restaurants, shall be permitted subject to the procedures, regulations and guidelines set forth in Title 20 of the Newport Beach Municipal Code, in each case. (25) b. Outdoor, drive-in or take-out restaurants shall be subject to the procedures, regulations and guidelines set forth in Title 20 of the Newport Beach Municipal Code, in each case. (25) 2. Barber shop and beauty parlor 3. Book and stationery store 4. Blueprinting and photostatics 5. Camera Shop 6. Delicatessen store 7. Florist 8. Shoe store or repair shop 9. Tailor 10. Tobacco store 11. Office equipment rentable and repair 12. Pharmacies 26 13. Tourist information, travel agencies, and ticket reservation services, but not to include any airline terminal services or facilities for the transport of passengers, baggage, or freight. (1) 14. Athletic club or health clubs (5) * 15. Professional and Business Offices (5) 16. Other uses similar to the above listed 17. Hotel subject to approval of a Use Permit (27) Group VII. LODGE HALLS, PRIVATE CLUBS, ATHLETIC CLUBS, UNION HEADUARTERS (1) (4) (18) Subject to use permit. Group VIII. AUTO DETAILING (19) A. All drainage shall be into the sanitary sewer system. B. That all car wash and auto detailing operations shall be conducted within a covered area. C. This service shall be designed to serve building tenants and their patrons and guests, and shall be ancillary to the primary use. Section III. General Development Standards for Commercial Land A. Site Area Minimum site area shall not be less than thirty thousand (30,000) square feet. Footprint lots shall have all required appurtenant areas contiguous thereto and the sum of these areas shall not be less than thirty thousand (30,000) square feet. (3) * To allow, in addition to the 2,320,600 square feet of professional and business office use permitted elsewhere in the text, a maximum of 38,022 net square feet of professional and business office use within Retail and Service Center Site 1. (5) (14) Exception: (9) The Planning Commission may authorize an exception to the minimum site area. Application for any such exception shall be made at the time of the filing of a tentative map by the applicant. In order for an exception to be granted, the Planning Commission shall find the following facts with respect thereto: 27 I . That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity. 2. That the Development Considerations and intent of this planned Community Development Standards are substantially met. B. Building_Area Maximum building area for professional and business offices shall be as noted in Site Area and Building Area, Part II, Section I, Group 1. C. Setbacks All setbacks shall be measured from the property line. For the purpose of this ordinance, a street side property line is that line created by the ultimate right-of-way of the frontage street. 1. Front Yard Setback (10) Thirty (30) feet minimum; except that unsupported roofs or sunscreens may project six (6) feet into the setback area. The setback for Site C from MacArthur Boulevard would be at least thirty-six (36) feet except that unsupported roofs or sun- screens any project six (6) feet into the setback. 2. Side Yard Side yard setbacks will be required only when any one of the following conditions exist: a. Corner Lot: Thirty (30) feet (street side setback only), except that unsupported roofs and sunscreens may project three (3) feet into setback area. b. Where property abuts other than commercially zoned property, a ten (10) foot setback is required. Unsupported roofs and sunscreens may project three (3) feet into the setback area. 3. Rear Yard None required except on a through -lot in which case the required front yard setback shall be observed. 4. Footprint Lots (6) 28 Except as required by the Uniform Building Code, there shall be no additional setback requirements for buildings within footprint lots. Provided, however, that buildings within footprint lots shall be so located as to observe the setbacks from streets and existing lot lines required under Part II, Section III, C.1, 2 and 3. D. Loading Areas 1. Street side loading on other than special landscaped streets shall be allowed providing the loading dock is set back a minimum of seventy (70) feet from the street right-of-way line, or one hundred ten (110) feet from the street center line, whichever is greater. Said loading area must be screened from view from adjacent streets. E. 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 up to a point eight (8) feet in vertical height, but need not be opaque above that point. 2. Outdoor storage shall be meant to include all company owned and operated motor vehicles, with the exception of passenger vehicles. 3. No storage shall be permitted between a frontage street and the building line. F. Refuse Collection Areas 1. All outdoor refuse collection areas shall be visually screened from access streets, freeways and adjacent property. Said screening shall form a complete opaque screen. 2. No refuse collection area shall be permitted between a frontage street and the building line. G. Telephone and Electrical Service All "on-site" electrical lines (excluding lines in excess of 12KV) and telephone lines shall be placed underground. Transformer or terminal equipment shall be visually screened from view from streets and adjacent properties. 29 H. Pedestrian Access (1) It is required of all developments in the commercial areas to submit a plan of pedestrian access to the Community Development Department prior to the issuance of building permits. Said plan will detail consideration for pedestrian access to the subject property and to adjacent properties and shall be binding on subsequent development of the property. The plan shall show all interior walkways and all walkways in the public right-of-way, if such walkways are proposed or necessary. I. Parkin All parking shall be as specified in the General Parking Requirements, Part III. J. Signs All signing shall be as specified in the General Sign Requirements, Part IV. K. Landscape All landscaping shall be as specified in the General Landscape Requirements, Part V. 30 PART III. GENERAL PARKING REQUIREMENTS Section I A. Adequate off-street parking shall be provided to accommodate all parking needs for the site. The intent is to eliminate the need for any on -street parking. Required off-street parking shall be provided on the site of the use served, or on a contiguous site, or within three hundred (300) feet of the subject site. Where parking is provided on other than the site concerned, a recorded document shall be approved by the City Attorney and filed with the Community Development Department Building and Pla+ming r,o..,,.tment and signed by the owners of the alternate site stipulating to the permanent reservation of use of the site for said parking. B. Parking requirements for specific sites shall be based upon the following parking criteria. All parking shall be determined based upon building type and the area within allotted to the following functions: Business & Professional Offices 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. Company parking stalls shall not exceed twenty-five (25) percent of the total number of required parking spaces. The number and design of compact parking stalls shall be reviewed and approved by the Plannitig Community Development Director. (11) Exception: (11) Parking Requirement for Business and Professional Office Buildings based on Parking Pool. The parking requirements for office buildings within a contiguous office site may be modified in accordance with the following schedule when the net building area or areas served exceeds 100,000 square feet. a. For the first 125,000 square feet, parking shall be provided at one space per 250 square feet of net floor area. For the next 300,000 square feet, parking shall be provided at one space per 300 square feet of net floor area. Any additional floor area, parking shall be provided at one space per 350 square feet of net floor area. 31 For pools based on more than 425,000 square feet of net floor area, the Planning Commission may modify the parking formula by use permit, based on a demonstrated formula. 2. Medical & Dental Offices Five (5) spaces for each doctor or one (1) space for each 200 square feet of gross floor area, whichever is greater. 3. Manufacture, Research and Assembly - Deleted. (33) 4. Warehouse - Deleted. (33) Lodge Halls, Private Clubs, Athletic Clubs, Union Headquarters (1) (4) (5) a. One (1) space for each 75 square feet of gross floor area plus one (1) space for each 250 square feet of gross office floor area. b. Specific parking requirements shall be developed for private clubs or athletic clubs based upon functions and occupancies within this use. Parking shall be in conformance to existing City of Newport Beach requirements for said occupancies or at a demonstrated formula agreeable to the Ding Community Development Director. (4) In the event that private clubs or athletic clubs are converted to another use, parking requirements for the new use shall be subject to review by the Planning Community Development Director. (5) 6. Restaurants, Bars or Theater/Nightclubs, Outdoor, Drive -In and Take -Out Restaurants (7) a. Restaurant, bar or theater/nightclub parking shall be in accordance with Title 20 of the Newport Beach Municipal Code, except as noted under "b" and "c" below. Restaurants, other than outdoor, drive-in or take-out restaurants, within retail and service centers shall provide one (1) space for each 200 square feet of net floor area and one (1) loading space for each 10,000 square feet of gross floor area, to the extent that the net floor area of all restaurants does not exceed twenty (20) percent of the net floor area of the retail and service center. In the event that any restaurant causes the total of all restaurant uses in the retail and service center to exceed the twenty (20) percent limitation noted above, that entire restaurant and any subsequent restaurants shall provide parking as noted under "a" above. 32 Parking for outdoor, drive-in and take-out restaurants shall be provided in accordance with Section 20.53.060 of the Newport Beach Municipal Code. 7. Commercial Retail and Service Center (5) One (1) space for each 200 square feet of net floor area. One (1) loading space for each 10,000 square feet of gross floor area. Professional and business office parking shall be provided per Part III, Section I.B.1. Athletic or health club parking shall be provided per Part 11I, Section 1.B.5b. Hotels and Motels One (1) space for each guest unit plus employees' parking on a demonstrated formula. Parking for restaurants, bars, banquet rooms, retail shops or service stores shall be as specified in the above applicable section or on a demonstrated formula acceptable to the ming Community Development Director. Professional and business office net floor area shall be included in this provision. Athletic and health club net floor area shall be excluded from this provision. (5) 9. Court House Specific parking requirements shall be developed based upon functions and occupancies within this zone. Parking shall be in conformance to existing City of Newport Beach requirements for said occupancies, or at a demonstrated formula agreeable to the lig Community Development Director. 33 PART IV. GENERAL SIGN REQUIREMENTS Section I. Sign Standards A. Signs 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. B. Signs shall be restricted to advertising only the person, firm, company or corporation operating the use conducted on the site or the products sold thereon. C. 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. D. All signs attached to the building shall be surface mounted. Group I. PERMANENT IDENTIFICATION SIGNS A. Ground Siansns Ground signs shall not exceed four (4) feet above grade in vertical height. Also, ground signs in excess of one hundred and fifty (150) square feet in area (double face) shall not be erected in the first twenty (20) feet, as measured from the property line, of any street side setback. Said sign shall not exceed a maximum area of two hundred (200) square feet. B. Wall Signs In no event shall an identification sign placed on a wall comprise more than ten (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. The following exceptions apply to industrial zoning only. In the instance of a multiple tenancy building, each individual industry 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 six (6) inch high letters. Said signs must be oriented toward the parking or pedestrian area for that building and shall not exceed a maximum area of five (5) square feet. Fascia mounted identification signs limited to two (2) facades for each building and structure. 34 No sign shall exceed an area equal to one and one-half (1 1/2) square feet of sign for each one (1) foot of lineal frontage of the building or store. However, no sign shall exceed two hundred (200) square feet in area per face. The following exceptions apply to Professional and Business Offices and Retail and Service Center uses only. In the instance of a multiple tenancy building, each individual ground floor business may have signing in addition to permitted Building Identification signs. (6) Each individual ground floor business shall be limited to one (1) sign per frontage not to exceed two (2) signs per business. Said signs shall not be located above the ground floor fascia. No sign shall exceed an area equal to ten (10) percent of the business face upon which it is located. However, no sign shall exceed thirty-five (35) square feet in area. (6). In no event shall there be more than three (3) permitted ground floor wall signs per building for Professional and Business Offices. (6) C. Pole Sims One (1) identification pole sign per site will be allowed for the following commercial businesses only: a. Restaurant b. Cocktail lounge and/or bar C. Hotel If a pole sign is utilized, it shall be in lieu of other identification signs allowed by ordinance. Pole signs shall be limited to a maximum height of twenty (20) feet and a maximum area of fifty (50) square feet per face, double faced. Group II. TEMPORARY IDENTIFICATION SIGNS A. The following signs shall conform to all requirements for "Ground Signs," Section I, Group I, Item A with General Sign standards above unless specifically limited below. Sale or Lease Sign A sign, advertising the sale, lease or hire of the site shall be permitted in addition to the other signs listed in this section. 35 Said sign shall not exceed a maximum area of forty (40) square feet. 2. Construction Sign One (1) construction sign denoting the architects, engineers, contractor, and other related subjects, shall be permitted upon the commencement of construction. Said sign shall be permitted until such time as a final inspection of the building(s) designates said structure(s) fit for occupancy, or the tenant is occupying said building(s), whichever occurs first. Said sign shall not exceed a maximum area of forty (40) square feet. 3. Future Tenant Identification Sign A sign listing the name of future tenant, responsible agent or realtor, and identification of the industrial complex shall be permitted. Said sign will be permitted until such time as a final inspection of the building(s) designates said structure(s) fit for occupancy or tenant is occupying said building(s), whichever occurs first. Said sign shall not exceed a maximum area of forty (40) square feet. 4. Directional Signs 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 (double face) in area and shall be permitted in addition to the other signs in this section. Exceptions Group II.A.1, 2 and 3: this information may be grouped on a single sign when the aggregate surface area does exceed the summation of the individual areas for each use. This area may be distributed on all surfaces of the sign. This sign may not exceed four (4) feet above grade. Group III. SPECIAL PURPOSE SIGNS A. The following permanent signs shall be permitted. 1. Permanent Directional Sign Signs used to give directions to traffic or pedestrians as to special conditions shall not exceed a total of six (6) square feet 36 in area per face, double faced and shall be permitted in addition to other signs permitted in these standards. 2. Community Directional and/or Identification Sign Permanent directional and identification signs, not exceeding two hundred fifty (250) square feet (per face), shall be permitted but subject to use permit. Section II. Sian Area A. Industrial - Deleted. (33) B. Industrial Support Facilities and — Deleted. (33) Business and Professional Offices (33) The following shall apply to Permitted Uses, Part I, Section III. No sign shall exceed an area equal to one and one-half (1 1/2) square feet of sign for each one (1) foot of lineal frontage of the building. However, no sign shall exceed two hundred (200) square feet in area per face. C. Commercial The following shall apply to Permitted Uses, Part II, Section II, Groups II, III,Vand VI. Building identification shall be limited to a single entity. Building identification signs shall have an area not to exceed one and one-half (1 1/2) square feet of surface for each one (1) foot of lineal frontage of building. However, no sign shall exceed two hundred (200) square feet per face. Building identification signs shall be limited to two (2) facades. D. Business and Professional Offices The following shall apply to Permitted Uses, Part II, Section II, Group I. Building identification shall be limited to a single entity. Building identification signs shall have an area not to exceed one and one-half (1 1/2) square feet of surface for each one (1) foot of lineal frontage of building. However, no sign shall exceed two hundred (200) square feet per face. Building identification signs shall be limited to two (2) facades. 37 Section III. Maintenance All signs indicated in this section shall be maintained in a neat and orderly fashion. Periodic inspection shall be made as directed by the Planning Community Development Director, City of Newport Beach or his designated agent. 38 PART V. GENERAL LANDSCAPE STANDARDS Section I. General Statement (1) Detailed landscape and irrigation plans, prepared by a registered Architect or under the direction of a Landscape Architect, shall be submitted to and approved by the Plapdiin Community Development Director and the Director of Parks, Beaches and Recreation prior to issuance of a building permit and installed prior to issuance of Certificate of Use and Occupancy. Landscape in the public right-of-way shall be installed per plans and specifications approved by the Parks, Beaches and Recreation Director and in accordance with Parks, Beaches and Recreation Standards. All landscaping in this section shall be maintained in a neat and orderly fashion. Periodic inspections will be made as directed by the Planning Community Development Director and reports submitted with regard to the condition of maintenance. If suggestions of improvement are made, and are in the realm of the Maintenance Standards, the work shall be corrected within thirty (30) days of receipt of the report. A. Maintenance All planting areas to be kept free of weeds and debris. Lawn and ground covers to be kept trimmed and/or mowed regularly. All plantings to be kept in a healthy and growing condition. Fertilization, cultivation and tree pruning are to be carried out as part of regular maintenance. 4. Irrigation systems are to be kept in working condition. Adjustment and cleaning of system should be a part of regular maintenance. Stakes, guys and ties on trees should be checked regularly for correct function; ties to be adjusted to avoid creating abrasions or girdling to the stems. Damage to plantings created by vandalism, automobile or acts of nature shall be corrected within thirty (30) days. B. Front Yard Setback Area General Statement 39 Landscaping in these areas shall consist of an effective combination of street trees, trees, ground cover and shrubbery. All unpaved areas not utilized for parking shall be landscaped in a similar manner. Full coverage of ground cover to be expected in a minimum of three (3) months. 2. Special Landscaped Street The entire area between the curb and the building setback line shall be landscaped, except for any driveway in said area. Tree size to be no less than 24 -inch box. Other Streets The entire area between the curb and a point ten (10) feet back in the front property line shall be landscaped except for any driveway in said area. Tree size to be no less than 24 inch box. C. Side Yard and Rear Yard General Statement All unpaved areas not utilized for parking and storage, shall be landscaped utilizing ground cover and/or shrub and tree materials. Undeveloped Areas Undeveloped areas proposed for future expansion shall be maintained in a weed free condition, but need not be landscaped. Screening Areas used for parking shall be screened from view or have the view interrupted by landscaping and/or fencing from access streets, freeways and adjacent properties. Plant materials used for screening purposes shall consist of lineal or grouped masses of shrubs and/or trees of a sufficient size and height to meet this requirement when initially installed. 4. Boundary Areas Boundary landscaping is required on all interior property lines. Said areas shall be placed along the entire length of these property lines or be of sufficient length to accommodate the number of required trees. Trees, equal in number to one (1) 40 tree per twenty-five (25) lineal feet of each property line, shall be planted in the above defined areas in addition to required ground cover and shrub material. Minimum width of property line landscaping shall be three (3) feet. All landscaped areas shall be separated from adjacent vehicular areas by a wall or curb, at least six (6) inches higher than the adjacent vehicular area. D. Parking Areas Trees, equal in number to one (1) per each five (5) parking stalls, shall be provided in the parking area. Planting area around building shall not be included in parking area. Planting of trees may be in groups and need not necessarily be in regular spacing. E. Sloped Banks All sloped banks greater than 5 to 1, or six (6) feet in vertical height and adjacent to public right-of-way shall be stabilized, planted and irrigated with full coverage in accordance with plans submitted and approved by Plannin Community Development Director. F. Loading Areas Street side loading on other than special landscaped streets, shall be allowed providing 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 center line, whichever is greater. Said loading area must be screened from view from adjacent streets. G. Storage Areas All outdoor storage shall be visually screened from access streets, freeways and adjacent property. Said screening shall form a complete opaque screen up to a point eight (8) feet in vertical height but need not be opaque above that point. 2. Outdoor storage shall be meant to include all company owned and operated motor vehicles, with the exception of passenger vehicles. 3. No storage shall be permitted between a frontage street and the building line. H. Refuse Collection Areas 41 All outdoor refuse collection areas shall be visually screened from access streets, freeways and adjacent property. Said screening shall form a complete opaque screen. 2. No refuse collection area shall be permitted between a frontage street and the building line. Minimum width for landscaping shall be three (3) feet around refuse collection areas. I. Telephone and Electrical Service All "on-site" electrical lines (excluding lines in excess of 12 KV) and telephone lines shall be placed underground. Transformer or terminal equipment shall be visually screened from view from streets and adjacent properties, or an approved method of display. Pedestrian Access (1) It is required of all developments in the commercial areas to submit a plan of pedestrian access to the Community Development Department prior to the issuance of building permits. Said plan will detail consideration for pedestrian access to the subject property and to adjacent properties, and shall be binding on subsequent development of the property. The plan shall show all interior walkways and all walkways in the public right-of-way, if such walkways are proposed or necessary. K. Landscape Plant Vocabulary (1) It is the intent of this standard to provide flexibility and diversity in plant selection yet maintain a limited variety to give greater unity to the development. At the direction of the Director of Community Development and the Director of Parks, Beaches and Recreation, material lists and a street tree master plan shall be developed to aid in this development. All trees occurring in the ten (10) foot setback shall be no less than 24 inch box. The parking lot trees shall be no less than fifteen (15) gallon size. Shrubs to be planted in containers shall not be less than one (1) gallon size. Ground covers will be planted from one (1) gallon containers or from root cuttings. 42 Every effort should be made to avoid using plants with invasive and shallow root systems with fruit that would stain paving or automobiles. L. Earth berms shall be rounded and natural in character, designed to obscure automobiles and to add interest to the site. In cases where the ratio of width and height of berm creates a bank greater than 3 to 1, shrubs or walls can be used as shown in illustration (b) (c). Wheel stops shall be so placed that damage to trees, irrigation units and shrubs is avoided. M. Trees in parking lots should be limited in variety. Selection should be repeated to give continuity. Regular spacing is not required and irregular groupings may add interest. Care should be exercised to allow plants to grow and maintain their ultimate size without restriction. N. Storage areas are to be provided with an opaque screen up to a point of eight (8) feet in vertical height. Combination of plantings can be used to further soften hard materials and give continuity to planting. 43 PART VI. RESIDENTIAL OVERLAY (34) Section I. Applicability and Purpose A. Applicability. The Residential Overlay applies to an area within Office Site B as shown on Exhibit F. B. Purpose. The purpose of the overlay is to provide use and development standards for the development multiple -family residential development and its ancillary uses in Professional and Business Office Site B. Section II. Site Area Site Area: 3.41 acres. Section III. Density and Intensity A. Density. The total maximum allowed number of residential units is 260, exclusive of any density bonus units. B. Commercial Intensity. The maximum allowed non-residential floor area shall be as specified by corresponding base commercial site regulations. There is no minimum amount of commercial area that must be provided within the residential overlay. Section IV. Permitted Uses A. Multi -unit residential development, subject to Site Development Review pursuant to Newport Beach Municipal Code (NBMC) Chapter 20.52 (Permit Review Procedures). B. Any commercial use deemed to support residential or allowed commercial uses pursuant to the applicable Koll Center Newport commercial site regulations as determined by the Community Development Director. C. Any commercial or residential accessory uses pursuant to Title 20 of the Newport Beach Municipal Code. Section V. Affordable HousinE A. 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 44 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. B. Density bonuses/incentives or development standard concessions shall be provided pursuant to NBMC Chapter 20.32 and California Government Code Section 65915 et seq. Section VI. Development Standards A. Building Height 1. Maximum height of structures shall be 71 feet. No building or any portion of any structure, architectural feature or mechanical equipment shall exceed 71 feet as measured from the established grade for the purpose of measuring structure height pursuant to NBMC Section 20.30.050 (Grade Establishment). 2. Buildings and structures shall not penetrate Federal Aviation Regulation (FAR) Part 77, Obstruction— Imaginary Surfaces, for John Wayne Airport unless approved by the Airport Land Use Commission (ALUC) and determined not to be a hazard to air navigation by the Federal Aviation Administration. 3. In compliance with FAR Part 77, applicant proposing building or structure that penetrate the 100:1 Notification Surface shall file a Form 7460-1, Notice of Proposed Construction or Alteration with the Federal Aviation Administration. A copy of the FAA application shall be submitted to the ALUC and the applicant shall provide the City with FAA and ALUC responses. B. Building Setbacks 1. Above grade residential buildings shall be setback 10 feet from property lines, EXCEPT WHERE ANY SUCH BUILDING ABUTS THE PARK OVERLAY ZONE, IN WHICH CASE NO SETBACK IS REQUIRED. Private balconies may encroach up to four feet into the required setback areas. 45 2. Fully subterranean parking structures may be located in any setback area. C. Parking 1. Residential: 2 covered spaces per dwelling unit, plus 0.5 space per dwelling unit for guest parking. Parking for density bonus projects shall be consistent with NBMC Section 20.32.040 or Government Code Section 65915 et seq. 2. All Other Uses: Refer to NBMC Chapter 20.40 (Off -Street Parking). 3. Enclosed or Structured Parking Enclosed or structured parking shall be screened by building elements or exterior landscaping to soften their exterior appearance. Uniform interior and exterior lighting for comfort, convenience and security shall be provided. Light standards on the roof of the parking structure shall not exceed 25 feet in height from the driving and parking surface. Stairways within any free- standing parking structure shall be designed to be completely visible from either the interior or exterior or both, unless mandated by the Building Code to be enclosed. D. Circulation 1. The site shall be designed to provide and enhance pedestrian and vehicular circulation within Professional and Business Office Site B connecting the residential development to existing office buildings and improvements with the goal of creating a well-connected, pedestrian -friendly environment. 2. A privately -maintained street ("internal street") connecting Von Karman Avenue and Birch Street shall be provided. The internal street shall be open to the public at all times and shall provide convenient pedestrian and vehicular access for all users of the site including emergency vehicles. 3. At least three pedestrian connections, as generally shown on Exhibit G, connecting residential development within the residential overlay to the Uptown Newport Planned Community shall be provided and maintained by the property owner or its assignee. The pathway connections 46 shall be improved with sidewalks and canopy trees and may include enhanced pavement, seating areas or other amenities to create a convenient, safe and pleasant walkway subject to the review and approval of the Community Development Director. All pedestrian connections shall be improved and inspected by the Community Development Department prior to issuance of a Certificate of Occupancy for future residential buildings. E. Loading and Refuse Areas 1. Loading areas shall be provided in curb -side pullouts along the spine street and/or within the residential building footprints. Loading areas shall be designed to accommodate moving, delivery and refuse collection vehicles without blocking streets, driveways, parking areas, or emergency access. Loading areas shall be clearly marked and maintained. 2. Refuse collection areas shall be located within the parking garage or within enclosed structures such that the interior of these areas is concealed from view. Refuse collection or service vehicles shall utilize the designated loading areas provided by Section VI(E)(1). F. Landscaping 1. Landscaping and irrigation systems shall be installed and maintained in compliance with an approved landscape and irrigation plan. 2. Landscaped areas shall be kept free of weeds, debris, and other undesirable materials. Landscaping shall be designed and maintained to not to interfere with traffic safety visibility areas. 3. Landscape areas shall incorporate drought tolerant and non-invasive plantings and shall conform with applicable energy requirements as specified in Title 24 of the California Code of Regulations. G. Signs 1. Refer to Part IV General Signage Requirements. HFA 2. A comprehensive sign program may be prepared if an applicant wishes to deviate from the sign standards identified herein. Comprehensive sign programs shall be submitted for review and consideration in accordance with the provisions of the NBMC Chapter 20.42. H. Outdoor Lighting 1. Outdoor lighting shall comply with NBMC Section 20.30.070. 2. Detailed lighting plans and a photometric analysis shall be prepared by qualified professionals and shall be submitted for review and approval by the Community Development Director prior to the issuance of a building permit. All lighting shall be installed and inspected by the Community Development Department prior to issuance of the final Certificate of Occupancy. 3. Security lighting shall be provided throughout development within the overlay. 4. Lighting shall be properly maintained by the property owner. Any damaged or non -operational fixtures or lighting elements shall be replaced and made operational within a reasonable amount of time. I. Recreation Amenities 1. On-site recreational amenities accessible to all residents and their guests shall be provided in the residential building. A minimum of forty-four (44) square feet of area per dwelling unit shall be provided consistent with General Plan Land Use Policy LU 6.15.16. Recreational amenities may include, but are not limited to the following: a. Private Balconies b. Swimming pools and spas c. Exercise facilities d. Multi-purpose/club rooms e. Passive gathering spaces (garden and roof terraces) f. Dog washing room g. Bike shop h. Other amenities deemed appropriate by the Community Development Director and property owner. 48 J. Buffering and Screening 1. _General Requirements. Mechanical equipment shall be located so that the impact of noise on residential uses within the development and on adjacent nonresidential 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. 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 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. No setbacks are required for rooftop mechanical equipment or appurtenances. 3. Ground -mounted Mechanical Equipment. Ground - mounted mechanical equipment shall be screened from public rights-of-way and/or adjacent 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 shall not be permitted. K. John Wayne Airport Proximity 1. Interior Noise Attenuation. 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 and meet the applicable interior noise standard. The residential units shall be constructed, and noise attenuated in compliance with the report. 2. Notification to Residents. A written disclosure statement shall be prepared prior to rental of every residential unit. The disclosure statement shall indicate that the occupants will be living in an urban environment in proximity to John Wane Airport and that noise, odor, air quality, outdoor activity levels, etc. may be different or higher 49 than typical suburban residential areas. The disclosure statement shall include a written description of the potential impacts to residents of both the existing environment and potential impacts based upon the allowed uses in the vicinity. Each and every renter shall sign the statement acknowledging that they have received, read, and understand the disclosure statement. The project applicant shall covenant to include within all contracts conveying any interest in a residential unit within the residential building (1) the disclosure and notification requirement as stated herein; (2) an acknowledgment by all lessees that the property is located within an urban type of environment and that the noise, odor, air quality, outdoor activity levels, etc. may be different or higher than typical suburban residential areas; and (3) acknowledgment that the covenant is binding for the benefit and in favor of the City of Newport Beach. 50 PART VII. PUBLIC PARK OVERLAY (34) Section I. Applicability and Purpose A. Applicability. The Public Park Overlay applies to an area within Professional and Business Office Site B as shown on Exhibit F. B. Purpose. The purpose of the overlay is to provide for the orderly development, maintenance and use of a public park within Professional and Business Office Site B if a multiple -family residential project is developed within the Residential Overlay pursuant to Part VI. Section II. Site Area A. A minimum of 1.10 acres shall be dedicated in fee to the City of Newport Beach if a multiple -family residential project is developed within the Residential Mixed -Use Overlay pursuant to Part VII. B. The area excludes driveways and parking areas. Section III. Allowed Uses and Activities A. Any uses and activities allowed and regulated by NBMC Chapter 11.04. B. Any activities permitted pursuant to a Special Event Permit pursuant to NBMC Chapter 11.03. Section IV. Park Design and Amenities A. The public park may include the following amenities: 1. Dog park 2. Seating & social gathering spaces with outdoor furniture 3. Shade structures 4. Multi-purpose lawn 5. Landscaped open spaces including shade trees provided they do not interfere with Fire Department Access 6. Bocce court or similar activity 7. Other active or passive recreational amenities as determined appropriate and necessary by the Parks Beaches and Recreation Commission or Recreation and Senior Services Director. 51 C. The design, amenities and regulations applicable to the public park shall be subject the review of the Parks Beaches and Recreation Commission and the approval of City Council. D. Landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing, trimming and maintenance. Irrigation systems shall be routinely inspected and maintained. The park shall be kept free of weeds, debris and other undesirable materials. E. Notice Posted. The public park shall be posted with notification signs to alert users of the proximity to John Wayne Airport and the presence of operating aircraft. F. ONLY LANDSCAPE AND HARDSCAPE (I.E., NO PERMANENT IMPROVEMENTS OR ABOVE GROUND STRUCTURES) SHALL BE LOCATED WITHIN 15 FEET OF THE PROPERTY LINE WHICH ABUTS THE ADJACENT RESIDENTIAL PARCEL. 52 PART V4 VII. FOOTNOTES (1) Planned Community text revision incorporating Planning Commission revisions and conditions of approval. (2) Planned Community Text revision incorporating City Council conditions of approval as adopted by the city of Newport Beach. (Amendment No. 313, adopted August 14, 1972). (3) Planned Community Text revision July 6, 1973 incorporating the addition of footprint lots and the addition of two (2) restaurant sites within Office Site "A". (Amendment No. 381, adopted August 2, 1973). (4) Planned Community Text revision (Amendment No. 420, adopted February 7, 1974) incorporating the following changes: a. Revised Planned Community Text site acreage figures to conform to the recorded tract map. b. Revised Exhibit "A" (land use map) to conform to recorded tract map. C. Changed the size of Office Site "E" and created one parcel of land comprised of Restaurant Site No. 3, Service Station Site No. 3 and the residual of Office Site "C". This new site is designated as Office Site "F". d. Revised Retail and Service Site No. 2 from a specific location to a floating location within Office Site "A". e. Added mechanical car wash subject to a use permit as a permitted use on the service station sites. f. Added private clubs or athletic clubs as a permitted use on Office Site "B". g. Made provisions for three (3) additional restaurant sites, two sites within Office Site "B: and one site within Office Site "F". (5) Planned Community Text revision (Amendment No. 430, adopted June 10, 1974) incorporating the following changes: a. Eliminated Service Station Site No. 2. b. Added health or athletic club as a permitted use within the Retail and Service Center sites. C. Added Professional and Business Office as a permitted use within the Retail and Service Center sites. d. Added a minimum twenty-five (25) percent landscape requirements or site plan approval by the Planning commission to the development requirements of retail Site No. 1. (6) Planned Community Text revision (Amendment No. 444, adopted May 15, 1975) incorporating the following changes: a. Clarified the setback requirements for buildings within footprint lots. b. Clarified Professional and Business Office permitted uses. 53 C. Added signing provision for ground floor businesses in multi -tenant building. (7) Planned Community Text revision (Amendment No. 451, adopted September 8, 1975) incorporating the following changes: a. Added the requirement that all restaurants shall be subject to the securing of a use permit with the exception of certain restaurant uses within Retail and Service Centers. (8) Planned Community Text revision (Amendment No. 466, adopted June 28, 1976) incorporating the following changes: a. Changed the size of Light Industrial Site No. 2. b. Created Professional and Business Office Site "G". C. Made provisions for two (2) restaurant sites within Office Site "G". d. Reduced the allowable building area of Office Site "D". e. Amended the construction timetable for traffic signals. (9) Planned community Text revision (Amendment No. 475, adopted January 10, 1977) incorporating the following changes: a. Established guidelines for an exception to the minimum site area. (10) Planned Community Text revision (Amendment No. 505, adopted July 11, 1978) incorporating the following changes: a. Increased the site area of Professional and Business Office Site :4C» b. Increased the allowable building area of Professional and Business Office Site 4:C,.. (11) Planned Community Text revision (Amendment No. 508, adopted August 28, 1978) incorporating the following changes: a. Made provision for consideration of additional left turn ingress from MacArthur Boulevard. b. Eliminated Service Station Site No. 1 and added the land area to Professional and Business Office Site "B". C. Reviewed the parking requirement for office buildings within Professional and Business Office sites. (12) Planned Community Text revision (Amendment No. 514, adopted October 19, 1978) incorporating the following changes: a. Established existing and additional allowable development as of October 1, 1978. 54 b. Established the requirement and criteria for phasing plan approval of development beyond thirty (30) percent of the additional (13) Planned Community text revision incorporating the transfer to allowable building area from Professional and business Office Site "D: to Professional and Business Office Site `B". (Amendment No. 550, adopted November 10, 1980). (14) Planned Community Text revision for Retail and Service Site No. 1, which allocates existing and permitted development. (Amendment No. 558 adopted March 23, 1981). (15) Planned community Text revision increasing the allowable building area in Site C (MacArthur Court). (Amendment No. 593, adopted October 24, 1983). (16) Planned Community Text revision incorporating the transfer of allowable office, restaurant and retail building area from Professional and Business Office Site "A" to Professional and Business Office Site `B". (Amendment No. 606, adopted May 14, 1984). (17) Planned Community Text revision to allow up to two restaurants with a total floor area not to exceed 3,250 square feet within "Office Site C". (Amendment No. 626, adopted December 9, 1985). (18) Planned Community Text revision deleting restaurant Site 1 and substituting a private club with a total floor area not to exceed 30,000 square feet within Office Site "A". (Amendment No. 635, adopted July 14, 1986). (19) Planned Community Text revision to allow auto detailing as a permitted use. (Amendment No. 647, adopted March 23, 1987). (20) Planned Community Text revision adding support commercial uses to the permitted uses under Professional and Business Office permitted uses. (Amendment No. 649, adopted July 27, 1987). (21) Planned Community text revision combining Light Industrial Sites 1 and 2 into Light Industrial Site 1, increasing the allowable building area for the combined site by 39,000 square feet, and increasing the permitted building height from 35 feet to 55 feet. (Amendment No. 677, adopted June 12, 1989). (22) Planned Community Text revision increasing the permitted building height in Light Industrial Site 1 from 55 feet to 75 feet. (Amendment No. 799, adopted April 25, 1994). (23) Title 20 amendment to reinstate notice and appeal procedures for specialty food service applications. (Amendment No. 829, adopted September 11, 1995, Ordinance 95-39) (24) Planned Community Text revision to increase the permitted height within "Light Industrial Site 1" from 75 feet to 90 feet for a single vertical column. (Amendment No. 867, adopted February 23, 1998, Ordinance 98-3). 55 (25) Planned Community Text revisions (Amendment No. 876, adopted August 10, 1998, Ordinance 98-20) to allow the following changes: a. Additional restaurant uses in Office Site "G" (the current limited of two restaurants will be increased to three restaurant sites), and; b. Permit eating and drinking establishments throughout the Koll Center Planned Community as per Title 20 of the Municipal Code. (26) Planned Community Text revisions (Amendment No. 890, adopted 01/11/2000, Ordinance 99-28) to allow the following changes: a. Increase the permitted level of development for Office Site A by 15,000 square feet (4110 MacArthur Boulevard) and; b. Establish the permitted level of development for Koll Center Newport Office Site A at 418,346 gross square feet. (27) Planned Community Text revisions (Amendment No. 897, adopted January 25, 2000, Ordinance 2000-3) to allow the following changes: a. Designate Parcel 1 of Koll Center Newport Retail and Service Site 1 for Hotel Use, and; b. Establish the permitted Gross Floor Area for Koll Center Newport Retail and Service Site 1 at 120,000 square feet, and C. Establish the permitted height for the site at 60 feet. (28) Planned Community Text revisions (Ordinance No. 2005-014, adopted August 9, 2005) to allow the following changes: a. Office expansion of 1,367 net square feet in the Koll Center Office Site B at 4200 Von Karman Avenue. (29) Planned Community Text revisions (Ordinance No. 2006-19), adopted July 25, 2006 to allow the following changes: a. To increase the development allocation for Professional and Business Offices of Site A by 2,129 net square feet. (PA2005-293) (30) Planned Community Text revisions (Ordinance No. 2006-21), adopted October 24, 2006 to allow the following changes: a. To allow the transfer of 24,016 gross square feet of unused retail, restaurant and office square footage from Office Site B to Office Site A resulting in the elimination of the entire Retail Site #1, an undeveloped portion of Restaurant Site #2 and the entire Restaurant Site #5. 56 (31) Planned Community Text revisions (Ordinance No. 2011-3), adopted January 25, 2011 to allow the following changes: a. To allow building area for Professional & Business Site F to increase by 18, 346 net square feet. (32) Planned Community Text revisions (Ordinance No. 2011-8), adopted March 8, 2011 to allow the following changes: a. To allow an increase to the Allowable Building Area for Professional & Business Site B by 9,917 net square feet (33) Planned Community Text revisions (Ordinance No. 2013-5), adopted March 12, 2013 to allow the following changes: a. To delete Light Industrial Sites 1 and 2 from PC -15. b. To delete Part I. Industrial uses in its entirety as an allowed use. c. To revise the total acreage within PC -15 to 154.0 acres to reflect the deletion of Light Industrial Sites 1 and 2 from PC -15. d. To update the Composite exhibit and Exhibits A through E to reflect the deletion of Light Industrial Sites 1 and 2 from PC -15. Insert exhibits: Composite ............................................. For Information Only (33) Exhibit A .............................................. Land Use (33) Exhibit B ............................................... Grading and Roads (33) Exhibit C ............................................... Storm Drain (33) Exhibit D .............................................. Water & Sewer (33) Exhibit E ............................................... Boundary and Topography (33) (34) Planned Community Text revisions (Ordinance No.—), adopted to affect the following changes: a. Clarify that the Newport Beach Municipal Code applies to property within the planned community. b. Update title from Planning Director to Community Development Director throughout document. c. Made changes to Professional & Business Offices for Site B creating the Residential Overlay allowing 260 (units exclusive of density bonus units) and the Park Overlay allowing the one -acre public park. d. These improvements impacted the following: i. Increased parking for Professional and Business Office Site B e. Made changes to Contents and Overall Document to allow the following: i. New Residential Overlay as Part VI ii. New Park Overlay as Part VII. iii. Footnotes moved from Part VI to Part VIII 57 iv. Exhibits moved from Part VII to Part VIIII Insert exhibits: Exhibit F - Overlay Map — Office Site B (34) Exhibit G - Pedestrian Connection Diagram (34) 58 PART VIII. EXHIBITS Composite For Information Only (33) Exhibit A Land Use (33) Exhibit B Grading and Roads (33) Exhibit C Storm Drain (33) Exhibit D Water & Sewer (33) Exhibit E Boundary and Topography (33) Exhibit F Overlay Map — Office Site B (34) Exhibit G Pedestrian Connection Diagram (34) 59 z � M , 1 srr xus.v ,sone /y\e a omoa m, rs 1 Nort: / / vn®nnnswm. p. I . .1 All, Ner j I NOT A PART (Ordinance 2013-5) I /\ /aFFIr.E4 �319 P[xEf a LANODON & W4LSON / LAND USE xeuvax, x.cnuroxuln — auc I ' KOLL CENTER NEWPORT - - -- J�4� I / I / do- NOT A o-NOTA PART (Ordinance 2013-5) �• i' _ — -__----------------- --I---\ —\ _ —�_t— LANGDON & WILSON GRADING & ROADS NEWPORT BEACH. CALIFORNIA FoR \ )KOLL CENTER NEWPORT - Z w \ E z H e z e a z m L!N6DON k WILSON Q x P— NGDON &WILSON po —C_ yl; "%f,• Bio .-iii TOPOGRAPHY & BOUNDARY xewvoar nueoax POA L KOLL_ CENTER. NEW -P.01 LA DON & WILSON I� _ / OFFICE SITE B / 43.703 AC NET / OJ �0 / JJ � P /eti`PO / NOT APART (ORDINANCE 201,3=5) / / PARK OVERLAY / IN SITE B r/ 1.1 AC Net I I P r _ RESIDENTIAL OVERLAY IN OFFICE SITE B - 3.41 AC Net W' W y V' m i i OFFICE SITE G 5.317 AC NET / JAMBOREE ROAD _ _ _ _ __ z_ -- - - —_ —_ —_ _—--_—_—--- _ - —_—_—_ EXHIBIT F: OVERLAY MAP - OFFICE SITE B NEWPORT BEACH, CALIFORNIA FOR KOLL CENTER NEWPORT BIRCH ST, RESIDENCES AT 4400 VON KARMAN UPTOWN NEWPORT R A. FASIIXG BLDG !•` NOT PARI 99 Y ))) FAIGBN6 BEDS W6 PQISIMbB�. % FASNXGBRTLD �11 4A0 wN GO 111B t^ 2 o• w EASUxb PARIORGIOT HOT PART f RAVNED jIl PANNING t1 71 NGBWG STRUCTURE �O �FAIBII / T H1. NBIA PIAI qH EJ1511BE BLDG .-_ -NDT APART MGM BLDG I' NOTA PART {j}fll T -A 1 ?' 4- Y 1 �S Cq Hl t HH �. 9 � 2 LEGEND RES IOINC ESAT4440VON KARMANAVE 0 EXISTING OFFICE BUILDING PARK UPTOWN NEWPORT BUILDINGS PROPOSED PEDESTRIAN CONNECTION + - i FUTURE PEDESTRIAN CONNECTION EXHIBIT G: PEDESTRIAN CONNECTION DIAGRAM NEWPORT BEACH, CALIFORNIA FOR KOLL CENTER NEWPORT 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. 2021-1 was duly introduced on the 26th day of January, 2021, at a regular meeting, and adopted by the City Council at a regular meeting duly held on the 91h day of February, 2021, and that the same was so passed and adopted by the following vote, to wit: AYES: Mayor Brad Avery, Mayor Pro Tem Kevin Muldoon, Council Member Noah Blom, Council Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield NAYS: None RECUSED: Council Member Will O'Neill IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 101h day of February, 2021. Wd(jaj Leil ni I. Brown, MMC City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION 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 Ordinance No. 2021-1 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 Ordinance: January 30, 2021 Adopted Ordinance: February 13, 2021 In witness whereof, I have hereunto subscribed my name this ! day of February, 2021. jhJ917,J), I k AXVVA JA 14 j yj i Leilani r Brown, IVIIVIC City Clerk City of Newport Beach, California