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HomeMy WebLinkAbout04 - North Newport Center Planned Community AmendmentCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 4 November 24, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Patrick J. Alford, Planning Manager, 949 - 644 -3235 palford @city. newport- beach. ca. us SUBJECT: North Newport Center Planned Community Amendment (PA2009 -111) • Code Amendment No. CA2009 -005 • Planned Community Development Plan Amendment No. PD2009 -003 IR'RiND i Should the City Council approve a planned community text amendment to incorporate portions of Block 100, Block 400, Block 800, and Newport Village into the North Newport Center Planned Community and a code amendment to change the zoning classification of these properties from APF, PC -28, PC -23, and PC 27 to PC -56 on Districting Maps Nos. 48, 49, and 50? RECOMMENDATION: 1. Conduct public hearing; 2. Introduce Ordinance No. 2009 - approving Code Amendment No. CA2009- 005 and Planned Community Development Plan Amendment No. PD2009 -003 and pass to second reading on November 24, 2009 (Attachment No. CC1). Protect Description The Irvine Company proposes incorporating their property holdings in Block 100, Block 400, Block 800, and Newport Village into the North Newport Center Planned Community (PC). This will require amending the North Newport Center PC Development Plan and Design Regulations (Attachment No. CC2) to add equivalent land use and property North Newport Center Planned Community Amendment November 10, 2009 Page 2 amended to remove references to the Irvine Company properties (Attachment Nos. CC3 to CC5, respectively). Districting Maps No. 48, No. 49, and No. 50 (Attachment No. CC6) would be amended to reflect the zoning reclassification of the subject portions of Block 100 (APF District), Block 400 (PC -28 District), Block 800 (PC -23 District), and Newport Village (PC -27 District) to the North Newport Center Planned Community (PC -56) District. DISCUSSION The applicant's stated goal is to incorporate portions of Block 100, Block 400, Block 800 and a portion of Newport Village Planned Community into the comprehensive Planned Community document without an increase in the intensity or density of allowable land uses or changes in the types of allowable uses. The applicant states that this will help accomplish the City's objective of having a comprehensive Planned Community for Newport Center. Analysis Land use and property development on subject properties are currently regulated by the PC Development Plans for Block 400 and Block 800 and by the APF District. These regulations will be translated and incorporated into the North Newport Center PC Development Plan and Design Regulations (Development Plan). The objective is to have no increase in range of permitted or conditionally permitted land uses and no increase in development density or intensity. Land Use Regulations Certain land uses that currently require a use permit approved by the Planning Commission will be permitted with the approval of a minor use permit issued by the Planning Director. Staff interprets this as a change in administrative procedure and not an increase in land use intensity. Furthermore, this is consistent with the current land use restrictions in the Development Plan, which allows most conditionally permitted uses to be approved by the Planning Director. Height Limits Development in Block 100 is currently regulated by the 32/50 Height Limitation Zone. The base height limit is 32 feet; however, a maximum height of 50 feet is permitted through the adoption of a planned community district or a specific plan or through the approval of a use permit. The proposed height limit for Block 100 in the Development Plan is 50 feet. The Development Plan requires that all development proposals for new structures be reviewed by the Planning Director to determine compliance with the Development Plan and the Design Regulations. Since the current zoning allows for North Newport Center Planned Community Amendment November 10, 2009 Page 3 structures up to 50 feet through a planned community, specific plan, or use permit, staff interprets this as a change in administrative procedure and not an increase in development intensity. The subject portions of Block 400 and Newport Village are regulated by the High Rise Limitation Zone, which has a maximum height limit of 375 feet. The proposed height limit in the Development Plan is 295 feet for Block 400 and 45 feet for Newport Village. Rooftop appurtenances may exceed the maximum building height up to 20 feet, provided they are screened from view and the height does not exceed the height of the screening. There is an exception for supports for window washing equipment. Also, architectural features may exceed the maximum building height up to 20 feet, provided such features are an extension of the architectural style of the building in terms of materials, design, and color. Action by the Planning Commission The Planning Commission sought confirmation that the proposed language changes of the transfer of development rights procedure are intended to clarify existing practice; that is not a change from a discretionary decision to a ministerial decision. The Office of the City Attorney reviewed all of the documents associated with previous City Council approvals of transfers of development rights and confirmed that the City Council's actions were ministerial decisions. The Planning Commission also expressed some of the proposed development regulations could be too broadly interpreted. The Planning Commission was particularly concerned about the proposed height limit exceptions for rooftop appurtenances and architectural features. The Planning Commission required tighter development standards and that the Planning Director notify the Planning Commission and City Council when rooftop appurtenances or architectural features in excess of the height limit are approved to allow the opportunity for appeals. The Planning Commission also received requests from six property owners to have their properties in Block 100, Block 500, and San Joaquin Plaza incorporated into the North Newport Center Planned Community. The Planning Commission was advised these requests could not be granted because of public notice requirements. The property owners were encouraged to submit their own applications. AELUP North Newport Center is located within the Planning Area for John Wayne Airport in the Airport Environs Land Use Plan ( AELUP). The Airport Land Use Commission (ALUC) has found the City of Newport Beach to be a consistent agency with the AELUP. North Newport Center Planned Community Amendment November 10, 2009 Page 4 However, the AELUP requires that zone changes for consistent agencies be referred to the ALUC for a determination prior to City action. On October 15, 2009, the ALUC held a hearing on the proposed amendment. The ALUC found the amendment to be consistent with the AELUP (see Attachment No. CC8). However, the ALUC requested language clarifying that the height limit exception for architectural features and rooftop appurtenances comply with the AELUP. This language has been incorporated into the proposed Development Plan. Alternatives The City Council may approve a modified project or disapprove the application. Environmental Review This action is covered by the general rule that the California Environmental Quality Act (CEQA) applies only to projects that have the potential for causing a significant effect on the environment (Section 15061.b.3 of the CEQA Guidelines). It can be seen with certainty that there is no possibility that this activity will have a significant effect on the environment. Therefore, this activity is not subject to CEQA. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. Prepared by: Patrick J. Alford, Planning Manager Attachments: Submitted by: 44,44��� Sharon Z. Wood, s istant City Manger CC1. Draft Ordinance CC2. Draft Revised North Newport Center PC Development Plan and Design Regulations CC3. Draft revised Block 400 PC Development Plan CC4. Draft revised Block 800 PC Development Plan CC5. Draft revised Newport Village PC Development Plan CC6. Draft revised Districting Maps CC7. Applicant's indemnification letter North Newport Center Planned Community Amendment November 10, 2009 Page 5 CC8. ALUC determination letter CC9. October 8, 2009, Planning Commission minutes CC10. October 8, 2009, Planning Commission staff report CC11. Draft October 22, 2009 Planning Commission minutes CC12. October 22, 2009, Planning Commission staff report CC13. Correspondence Attachment No. CC 1 Draft Ordinance ORDINANCE NO. 2009- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA APPROVING AN AMENDMENT TO THE NORTH NEWPORT CENTER PLANNED COMMUNITY DEVELOPMENT PLAN AND A CODE AMENDMENT TO DISTRICTING MAPS NO. 48, NO. 49, AND NO. 60 (PA2009 -111) WHEREAS, an application was filed by the Irvine Company (Applicant) with respect to properties located in Block 100, Block 400, and Block 800 of Newport Center Drive and at the southwest corner of San Joaquin Hills Road and MacArthur Boulevard, and legally described in Exhibit A, which is incorporated by reference herein, requesting approval of Planned Community Development Plan Amendment No. PD2009 -003 and Code Amendment No. CA2009 -005; and WHEREAS, Applicant proposes to incorporate properties located in Block 100, Block 400, and Block 800 of Newport Center Drive and at the southwest corner of San Joaquin Hills Road and MacArthur Boulevard, and legally described in Exhibit A, which is incorporated by reference herein, into the North Newport Center Planned Community and to change the zoning classification of these properties from Administrative, Professional, Financial (APF), and Planned Community (PC -28, PC -23, and PC -27) to Planned Community (PC -56); and WHEREAS, the Planning Commission of the City of Newport Beach, California held duly noticed public hearings on the application on October 8, 2009, and on October 22, 2009, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California; and WHEREAS, the Planning Commission considered evidence, both written and oral, at these meetings; and WHEREAS, the Planning Commission recommended approval of the proposed amendment to the City Council with minor changes to the text relating to the screening of rooftop appurtenances; and WHEREAS, the City Council of the City of Newport Beach, California, finds as follows: The Planned Community Development Plan Amendment is consistent with the Land Use Element of the General Plan as the proposed land use regulations are consistent with Regional Commercial Office (CO -R), Commercial Office Medical (CO -M), Regional Commercial (CR), Multiple Unit Residential (RM), Mixed Use Horizontal 3 (MU -1-13), and Open Space (OS) land use categories designated on the subject properties. 2. The Planned Community Development Plan Amendment is consistent with Section 20.35.050.0 of the Municipal Code, which establishes the requirements of a Planned Community Development Plan. 3. The Planned Community Development Plan Amendment will not increase the intensity or density of allowable land uses or change the types of allowable uses on properties located in Block 100, Block 400, and Block 800 of Newport Center Drive and at the southwest corner of San Joaquin Hills Road and MacArthur Boulevard, and legally described in Exhibit A, which is incorporated by reference herein; in the areas already covered by the Development Plan; or on any other properties. 4. The properties located in Block 100, Block 400, and Block 800 of Newport Center Drive and at the southwest corner of San Joaquin Hills Road and MacArthur Boulevard, and legally described in Exhibit A, which is incorporated by reference herein, are fully developed, the open space parcel in the northern portion of Newport Village shall remain designated as open space, and the applicant does not seek any further entitlements through this Planned Community Development Plan Amendment or Code Amendment. 5. Muzzy Ranch v. Solano County Airport Land Use Commission (2007) 41 CalAth 372, 389the California Supreme Court held that the CEQA common sense exemption applied to the approval of a land use compatibility plan that merely extended existing land use restrictions to a greater. geographical area. NOW THEREFORE, the City Council of the City of Newport Beach, California, hereby ordains as follows: SECTION 1: Districting Maps No. 48, No. 49, and No. 50 shall be amended as provided in Exhibit B, which is incorporated by reference herein. SECTION 2: The North Newport Center Planned Community Development Plan and Design Regulations shall be amended as provided in Exhibit C, which is incorporated by reference herein. SECTION 3: The Block 400 Planned Community Development Plan shall be amended as provided in Exhibit D, which is incorporated by reference herein. SECTION 4: The Block 800 Planned Community Development Plan shall be amended as provided in Exhibit E, which is incorporated by reference herein. SECTIONS: The Newport Village Planned Community Development Plan shall be amended as provided in Exhibit F, which is incorporated by reference herein. SECTION 6: 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 I+• 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, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 7: It can be seen with certainty that there is no possibility that the Planned Community Development Plan Amendment and Code Amendment will result in any environmental impacts because the Planned Community Development Plan Amendment simply extends the existing zoning restrictions to include the properties located in Block 100, Block 400, and Block 800 of Newport Center Drive and at the southwest corner of San Joaquin Hills Road and MacArthur Boulevard, and legally described in Exhibit A, which is incorporated by reference herein. The Code Amendment will amend Districting Maps No. 48, No. 49, and No. 50 to reflect the zoning reclassification of the subject portions of Block 100 (APF District), Block 400 (PC -28 District), Block 800 (PC -23 District), and Newport Village (PC -27 District) to the North Newport Center Planned Community (PC -56) District. Thus, the Planned Community Development Plan Amendment and Code Amendment are exempt from further environmental review consistent with the common sense exemption under CEQA Guidelines section 15061(b)(3) (Cal. Code Regs. tit. 14, § 15061(b)(3)). SECTION 8: The City Council of the City of Newport Beach, California, finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger. Therefore, to the fullest extent permitted by law, applicant and property owner shall defend, indemnify, release and hold harmless the City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to the project, the project's approval based on the City's CEQA determination and/or the City's failure to comply with the requirements of any federal, state, or local laws, including, but not limited to, CEQA, General Plan and zoning requirements. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, or proceeding whether incurred by applicant, City, and /or the parties initiating or bringing such proceeding. SECTION 9: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official K newspaper of the City, and it shall be effective thirty (30) days after its adoption. SECTION 10: This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 10th day of November 2009, and adopted on the 24th day of November 2009, by the following vote, to wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM: C:1 David R. Hurst, ity homey For the City of Newport Beach CJ Attachment No. CC 2 Draft revised North Newport Center PC Development Plan North Newport Center Planned Community Development Plan Land Uses, Development Standards &t Procedures Adopted December 18, 2007, Ordinance No. 2007 -20 (PA 2007 -151) Land Uses, Development Standards & Procedures Contents I. Introduction and Purpose of Development Plan .................................................... ..............................1 A. Sub -Area Purpose ............................................................................................... ..............................1 B. Relationship to Municipal Code ........................................................................ .............................10 C. Relationship to North Newport Center Design Regulations .............................. .............................10 II. Land Use and Development Regulations ............................................................ ............................... l l A. Permitted Uses ................................................................................................. ............................... I1 B. Development Limits .......................................................................................... .............................12 C. Transfer of Development Rights ....................................................................... .............................13 111. Site Development Standards ................................................................................. .............................15 A. Permitted Height of Structures .......................................................................... .............................15 B. Setback Requirements ....................................................................................... .............................16 C. Parking Requirements ........................................................................................ .............................18 D. Landscaping ....................................................................................................... .............................19 E. Lighting ............................................................................................................. .............................19 F. Signs .................................................................................................................. .............................19 G. Residential Compatibility .................................................................................. .............................25 H. Residential Open Space Requirements .............................................................. .............................25 IV. Planned Community Development Plan Administration ...................................... .............................27 A. Process for New Structures ............................................................................... .............................27 B. Process for New Signs ....................................................................................... .............................28 C. Transfer of Development Rights ....................................................................... .............................28 V. Definitions ............................................................................................................ .............................31 Appendix A — Design Regulations North Newport Center Planned Community Development Plan 1290107 10/28/09 Land Uses, Development Standards & Procedures [this page intentionally blank] North Newport Center Planned Community Development Plan 4X S= 10/28/09 Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan I. Introduction and Purpose of Development Plan The North Newport Center Planned Community district is comprised of fmr- even sub -areas that include Fashion Island and Block 600 and portions of Block 100, Block 400, Block 500, 131eele 609Block 800. and San Joaquin Plaza. The sub -areas that comprise North Newport Center shall be governed by the North Newport Center Planned Community ( "PC ") Development Plan set forth herein, which includes land uses, development standards, and administration. The City of Newport Beach Municipal Code allows a Planned Community Development Plan to address land use designations and regulations in Planned Communities. The North Newport Center PC Development Plan serves as the controlling zoning ordinance for the sub -areas identified in the Planned Community Development Plan site -and is authorized and intended to implement the provisions of the Newport Beach General Plan. A. Sub -Area Purpose Newport Center is a regional center comprised of major retail, professional office, entertainment, recreation, and residential development within the City of Newport Beach. The North Newport Center site comprises approximately 438158.4 acres along San Joaquin Hills Road and Newport Center Drive. The feefseven sub -areas that make up the site including Fashion Island (75 acres), Block 100 (10 acres), Block 400 (4 acres), Block 500 (15 acres and 0.4 -acre oven space area at corner of MacArthur Boulevard and San Joaquin Hills Road), Block 600 (25 acres), Block 800 (6 acres), and San Joaquin Plaza (23 acres) are shown on Figure I and are described below. The General Plan identifies the goal of creating a successful Mixed -Use district that integrates economic and commercial centers serving the needs of Newport Beach residents and the sub - region, with expanded opportunities for residential development. Fashion Island is the primary retail hub within Newport Center and is developed with retail, dining, and commercial entertainment uses. Permitted uses for Fashion Island include uses in support of the existing retail, dining, and commercial entertainment uses. Fashion Island is intended to be a vibrant regional retail and entertainment center and a day /evening destination with a wide variety of uses that will serve visitors, residents, and employees of the area. Figure 2, Fashion Island Sub -Area, shows the boundary of Fashion Island. The Commercial Office blocks include Block 100 (Figure 3) and Block 400 (Figure 4). Block 100 is generally comprised of administrative and professional offices that serve local and regional markets. Other uses permitted in the block include limited accessory retail financial service and entertainment uses. Block 400 is generally comprised of commercial office with medical related offices and retail use. The Mixed -Use blocks include Block 500 Fi ure 5), Block 600 (Figure 6 and San Joaquin Plaza (Figure 8). The Mixed -Use blocks are generally comprised of administrative, professional, and financial office uses. Block 600 contains hotel and related ancillary uses as well. This Development Plan allows for the diversification of land uses in order to encourage new and original uses consistent with the Mixed -Use concept as established in the General Plan. Permitted uses for the Mixed -Use blocks include offices, light general commercial, hotel, residential and other mixed uses in accordance with the General Plan MU -H3 land use designation. Block 800 (Figure 7) allows for multi - family residential or senior citizen housing uses. ses. The boundaries of the Mixed -Use blocks included in this Development Plan are shown in Figure 35 Block 500 Sub -Area, Figure 64, Block 600 Sub -Area, and Figure 38 San Joaquin Plaza Sub -Area, respectively. North Newport Center Planned Community Development Plan 1 1.2138107 10/28/09 Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan O San Joaquin Plaza /SµiA CRUZ OR p0 W P S a00 CSC P Bti00k Block eO,� 600 `G V5ANiAROS DR. Fashion Island Block Regional Center 500 Q is O V i ock A V �m �o Block 100 yT o C L GM OR m 'O Jp 93f z tiT P hCywgy fee oP ❑Nonh Ncwpon Ccntcr Planned Community Figure 1 — North Newport Center Planned Communih North Newport Center Planned Community Development Plan 121181G7 10/28/09 10/28/09 N N lO N� 7� d "a Rd Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan '.evJP0rt 6. 2 co f Planned Community � PO Not included in Planned Community 'm O Nicolas Dr ,a Sam 9ueJ Dr 7> 00 d4 1P FN Figure 2 — Fashion Island Sub -Area North Newport Center Planned Community Development Plan 3 12418107 10/28/09 1 Iz U o� a 3 �z Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan 2� center -cjra 1c; Drive ® Planned Community ❑ Not included in Planned Community HN Figure 3 — Block 100 Sub Area North Newport Center Planned Community Development Plan 4 12118417 10/28/09 0 Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan ❑ Planned Community Not included in Planned Community [NJ Figure 4— Block 400 Sub Area North Newport Center Planned Community Development Plan 5 1:2412417 10/28/09 1 Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan ,n` San Joaquin Hills ® Planned Community ❑ Not included in Planned Community North Newport Center Planned Community Development Plan 4294W 10/28/09 b m a` U' 0 Figure 5 — Block 500 Sub -Area Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan ■ Planned Community ❑ Not included in Planned Community HN Figure 6 —Block 600 Sub -Area North Newport Center Planned Community Development Plan 7 1241947 10/28/09 �j 4 FO no -o m c lJ Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan San Clemente Drive j Z ■ Planned Community ❑ Not included in Planned Community North Newport Center Planned Community Development Plan 4204847- 10/28/09 H Figure 7 — Block 800 Sub Area Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan Santaaaa� � ■ Planned Community F Not included in Planned Community 0 Figure-8 —San Joaquin Plaza Sub -Area North Newport Center Planned Community Development Plan 9 12418/07 10/28109 1 Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan B. Relationship to Municipal Code Whenever the development regulations of this 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 North Newport Center PC Development Plan shall have the same meaning and definition as used in the City of Newport Beach Municipal Code unless defined differently in Section V — Definitions. The Municipal Code referred to herein is the version of the Code in effect on the date this Planned GemmaFily is December 18. 2007 and specifically includes Title 15 of the Municipal Code (Buildings and Construction), Title 19 of the Municipal Code (Subdivisions) and Title 20 of the Municipal Code (Planning and Zoning) but specifically excluding all other sections of the Municipal Code including Title 5 of the Municipal Code (Business Licenses and Regulations). C. Relationship to North Newport Center Design Regulations Development in North Newport Center shall be regulated by both the Development Plan and the Design Regulations, which is provided as Appendix A. North Newport Center Planned Community Development Plan 10 12438107 10/28/09 Land Uses, Development Standards & Procedures Section II. Land Use and Development Regulations II. Land Use and Development Regulations A. Permitted Uses General Permitted uses are those uses set forth in this Section for each sub -area as shown on Table 1. The uses identified within the table are not comprehensive but rather major use categories. Specific uses are permitted consistent with the definitions provided in Section V of this Development Plan. Uses determined to be accessory or ancillary to permitted uses, or residential support uses to permitted uses are also permitted. The Planning Director may determine other uses not specifically listed herein, provided they are consistent with the Commercial Office Regional Commercial, and Mixed-Use and Residential General Plan districts, the purpose of this Planned Community Development Plan, and the purpose of the sub -area in which the property is located. Table 1 - North Newport Center Laud Use Regulation Table Uses Fashion Island Block 100 Block 400 Block 500 Block 600 Block 800 San Joaquin Plaza Banks /Savings and Loans P P P P P P - With drive through services MUP MUP MUP MUP MUP _ _ MUP Business, Government and Professional — P P P P _ P - Emergency Healthcare — P, P P P - P - Management and Leasing Offices P P P P P P - Office, Medical and Dental -- P P P P _ P . Public Safety Facilities P MUP MUP P P _ _ P Commercial Recreation and Entertainment P UP UP MUP MUP _ MUP Cultural and Institutional UP UP UP P P P Day Care P P' P1 P P _ P Day Spas MUP MUP2 MUP' MUP MUP _ _ MUP Eating and Drinking Establishments P. MUP MUP P" P. _ P" . Bars/Cocktail Lounges MUP UP UP UP UP - UP Personal Improvement MUP MUP MUP P P _ P - Health /Fitness Clubs MUP MUP MUP P P P- P Personal Services P P' PI P P P P Residential — _ _ P P P P Retail Sales P P' P' P P P, P - Animal Sales and Services MUP _ _ MUP MUP _ MUP - Medical Retail P P P•' P P _ P Visitor Accommodations UP UP UP UP UP UP P = Permitted UP = Use Permit MUP = Minor use Permit Issued by the Planning Director 1 = Perrttided as AccessorvlAncillan Use 2 = In accordance with Chapter 20.87 of the Municipal Code = A Minor Use Permit Issued by the Planning Director is required for the sale of alcohol "= A Use Permit is Required for the Sale of Alcohol — =Not North Newport Center Planned Community Development Plan 11 12438057 10/28/09 Land Uses, Development Standards & Procedures Section II. Land Use and Development Regulations 2. Open Space Corners The passive landscape areas on the following corners shall be limited to landscaping, and permitted sienae . San Joaquin Hills Road and Avocado, Avocado and San Nicolas Drive (northwest and southwest comers), Avocado and San Mieuel (northwest), San Joaquin Hills Road and Santa Rosa Drive (southwest and southeast), San Joaquin Hills Road and Santa Cruz Drive (neft Nest southwest and southeast comers), and San Joaquin Hills Road and Jamboree Road and San Joaquin Hills Road and MacArthur Boulevard. 3. Special Events The general regional Mixed -Use nature of North Newport Center results in a variety of special events and temporary uses throughout the year. Special community events, such as parades, trade shows, car shows, pageants, community concerts, outdoor displays, recreation /entertainment events and temporary structures are permitted within the North Newport Center Planned Community consistent with the following provisions: a. If the event takes place on private property within Fashion Island the event is not regulated so long as it does not displace required parking. Such events must comply with the City's Municipal Code related to noise control and other pertinent standards. b. If the event takes place anywhere else within North Newport Center or the public right - of -way, such events are permitted as long as they comply with the Municipal Code. B. Development Limits The development limits in this Development Plan are consistent with those established by the General Plan and are identified in Table 2 below. Development limits may be modified through the approval of a Transfer of Development Rights. Carts, kiosks, and- temporary and support uses are permitted and are not counted towards square footage development limits. Table 2 — Development Limits Land Use Fashion Island Block 100 Block 400 Block 500 Block 600 Block 800 San Joaquin Plaza Total Regional Commercial 1,619,525 sq. ft 0 0 0 0 0 0 1,619,525 sq. ft. Movie Theater 1,700 seals (27,500 sq. ft) Q 0 0 0 0 0 1,700 seats (27,500 sq. ft) Hotel A 0 0 (@)0 425295(!2? 0 (W0 490295 Residential 0 0 0 (6E3� (6B) 245 (66 675 Offlcel Commercial 0 121.114 E. ft. 91.727 sc. ft. 218.684 526517 sq. ft. 4,004;624 1.292.637 sq. ft 0 237,264 95 550 sq. ft 7,746:970 2.121.545 sq. ft. A. Hotel rooms are permitted in Fashion Island through the transfer of development rights. B_Residen0al units are permitted in Block 500, Block 600 and San Joaquin Plaza if the total number of units does not exceed 430 units. North Newport Center Planned Community Development Plan 12 72A18/Bi 10/28/09 Land Uses, Development Standards & Procedures Section II. Land Use and Development Regulations 1. Fashion Island The total gross floor area for Fashion Island is 1,619,525 jquare feet plus the 1,700 -seat movie theater. The movie theater building area is equivalent to and may be converted to 27,500 square feet of retail development. The conversion of the movie theater to retail space shall not require any additional parking. The gross floor area for Regional Commercial development is the total horizontal floor area of all floors of a building within the exterior walls thereof, measured in square feet, exclusive of common areas such as, but not limited to: covered malls and walkways, carts, kiosks, open or roofed patio areas (defined by planters, awnings, shade structures, fences or rails), covered entries, covered parking, driveways or loading areas. 2. Mixed -Use Sub -Areas The Mixed -Use blocks include Block 500, Block 600 and San Joaquin Plaza. Up to 430 residential units and 499-295 hotel rooms are permitted within the Mixed -Use blocks. Residential and hotel uses are measured on a per unit basis. The gross floor area for all other permitted uses is the total enclosed area of all floors of a building measured to the outside face of the structural members in exterior walls, including halls, stairways, elevator shafts at each floor level, service and mechanical equipment rooms and basement or attic areas having a height of more than seven feet. Excluded are covered porches, walkways and loading docks, service tunnels, and mechanical shafts. Mechanical spaces on roofs, which are inaccessible to tenants, are not counted as square footage. Development limits for residential uses are based on unit counts, and are not within square footage limits. Resident 5 —upport uses are not included in the square footage development limits and shall not require parking. 3. Commercial Office Blocks The maximum development limit for Block 100 is 121,114 square feet and Block 400 is 91,727 square feet. The gross floor area for all permitted uses is the total enclosed area of all floors of a building measured to the outside face of the structural members in exterior walls, including halls, stairways, elevator shafts at each floor level, service and mechanical equipment rooms and basement or attic areas having a height of more than seven feet. Excluded are covered porches, walkways and loading docks, service tunnels, and mechanical shafts. Mechanical spaces on roofs, which are inaccessible to tenants, are not counted as square footage. Support uses are not included in the square footage development limits and shall not require parking 4. Block 800 The maximum number of dwelling units for multi - family residential use shall not exceed 245. &C. Transfer of Development Rights The transfer of development rights among sub -areas of this Planned Community and to /from other areas in the Newport Center/Fashion Island District identified in the General Plan is allowed in accordance with the General Plan. Development rights may be transferred through a change in location of use(s) and/or a conversion of non - residential use to any other non - residential use allowed by the General Plan and this Planned North Newport Center Planned Community Development Plan 13 32L48/9Z 10/28/09 Land Uses,. Development Standards & Procedures Section Il. Land Use and Development Regulations Community Development Plan or applicable zoning at the receiving site(s). Residential use may be relocated, but may not be converted to or from another use. The transfer of development rights may eesu ection IV. C. below, if the transfer will not result in any adverse traffic impacts and will not result in greater intensity than development allowed without the transfer. North Newport Center Planned Community Development Plan 14 42F O=1 L28/os . Land Uses, Development Standards & Procedures Section III. Site Development Standards III. Site Development Standards The following site development standards shall apply to the North Newport Center Planned Community. A. Permitted Height of Structures 1. Standards for Allowable Heights Allowable heights are determined by sub -area. All building heights are measured at finished grade. Fashion Island: The maximum heights of structures within Fashion Island are depicted in Table 3, Fashion Island Height Limits. Table 3 — Fashion Island Height Limits Building Type Height Major Buildings 125' Mall Buildings 75' Parking Structures 55' Periphery Buildings 40' Block 100: The maximum height of all structures shall be 50 feet as measured from finished rg ode. Blocks 400•_500, and 600: The maximum height of all structures in Bleep — 500 shall be 295 feet as measured from finished grade. Block 800: The maximum height of all structures shall be 200 feet as measured from finished rode. San Joaquin Plaza: The maximum height of all structures in San Joaquin Plaza shall be 65 feet as measured from finished grade. 2. Standards for Buildings Over 200 Feet in Height a. Aviation Compatibility Prior to issuance of building permits, the project applicant must demonstrate that the following conditions have been satisfied. New development shall be required to comply with the following conditions related to the Airport Environs Land Use Plan (AELUP) for the John Wayne Airport: I. For development of structures that exceed 200 feet in height above ground level at a development site, applicants shall file a Notice of Proposed Construction or Alteration with the Federal Aviation Administration (FAA) (FAA Form 7460 -1). Following the FAA's Aeronautical Study of the project, projects must comply with conditions of North Newport Center Planned Community Development Plan 15 7247607 10/28/09 1 Land Uses, Development Standards & Procedures Section III. Site Development Standards approval imposed or recommended by the FAA. Subsequent to the FAA findings, the City shall refer the project to the Airport Land Use Commission (ALUC) of Orange County for consistency analysis. 2. No buildings within the North Newport Center Planned Community area shall penetrate the FAA Federal Aviation Regulations (FAR) Part 77 imaginary obstruction surface for John Wayne Airport. 3. Applicants shall file a Notice of Proposed Construction or Alteration with the FAA (Form 7460 -1) for any construction cranes that exceed 200 feet in height above ground level. b. Shade Standards Prior to issuance of a building permit for a structure over 200 feet in height that has the potential to shade residential areas north of San Joaquin Hills Road, a shade study shall be prepared by the applicant and submitted to the City. The shade study shall demonstrate that the new development will not add shade to the designated residential areas beyond existing conditions for more than three hours between the hours of 9:00 a.m, and 3:00 p.m. Pacific Standard Time, or for more than four hours between the hours of 9:00 a.m. and 5:00 p.m. Pacific Daylight Time. The shade study shall be prepared to the satisfaction of the Planning Director and the Planning Director shall determine conformance with the standards identified herein as part of the plan review process. C. Rooftop Aupurtenances Rooftop appurtenances are permitted and may exceed the maximum building height up to 20 feet. Rooftop appurtenances shall demonstrate compliance with conditions related to the AELUP for the John Wayne Airport, consistent with Section Ill (A)(2)(a). Rooftop appurtenances must be screened from view; the height of rooftop appurtenances shall not exceed the height of the screening Supports for window washing equipment are permitted and are not required to be screened from view. No setbacks are required The Planning Director shall notify the Planning Commission and City Council if rooftop appurtenances above the height limit are approved, consistent with Section IV (A)(3). d. Architectural Features Architectural features are permitted and may exceed the maximum building height up to 20 feet. Such features must be an extension of the architectural style of the building in terms of materials, design and color. Architectural features shall demonstrate compliance with conditions related to the AELUP for the John Wayne Airport. consistent with Section 111 (A)(2)(a) The Planning Director shall notify the Planning Commission and City Council if architectural features above the height limit are approved, consistent with Section IV (A)(3). B. Setback Requirements Setbacks for the feuFSeven sub -areas are listed below. Setbacks for surface parking must be screened using hedges, landscaping or other similar methods. Setbacks are the minimum distance from the North Newport Center Planned Community Development Plan 16 4298/4I 10/28/09 Land Uses, Development Standards & Procedures Section III. Site Development Standards property line to building, parking structure, or parking lot. This is not intended to apply to interior lot lines or property lines. Fashion Island Newport Center Drive: 10 feet; may be reduced to 0 feet by the Planning Director through the plan review process. Block 100 Newport Center Drive: 15 feet Anacapa Drive: 15 feet Farallon Drive: 15 feet Block 400 Newport Center Drive: 15 feet San Nicolas Drive: 15 feet Block 500 Newport Center Drive: 15 feet Santa Rosa: 15 feet San Joaquin Hills: IS feet San Nicolas: 15 feet Block 600 Newport Center Drive: 15 feet Santa Cruz: IS feet San Simeon: 15 feet — setbacks for parking structure access points may be reduced by the Planning Director through the plan review process San Joaquin Hills: 15 feet — setbacks for parking structure access points may be reduced by the Planning Director through the plan review process Santa Rosa: 15 feet Center Drive (e/w): 0 feet Center Drive (n/s): 0 feet Block 800 Santa Barbara Drive: 15 feet San Clemente Drive: 15 feet Santa Maria Road: 0 feet San Joaquin Plaza San Joaquin Hills: 15 feet Santa Cruz: 15 feet San Clemente: 15 feet Santa Barbara: 15 feet North Newport Center Planned Community Development Plan 17 120SQ7. 10/28/09 1 Land Uses, Development Standards & Procedures Section III. Site Development Standards C. Parking Requirements 1. General Standards Parking requirements are based on gross floor area (as defined in the Development Limits for Fashion Island) for regional commercial uses, net floor area for office /commercial uses, and unit counts for hotel rooms and residential units. Kiosks for retail sales, covered or uncovered, shall not be included in the calculation of required parking. Accessory, ancillary and fesidenfsupport uses for hotel and residential developments shall not be included in the calculation of required parking. Kiosks and sundry shops serving tenants, including accessory, ancillary and support uses less than 5 percent of the gross floor area, are not counted as square footage and do not require parking. Parking management or engineering offices located in parking structures are counted as square footage and require parking. Parking requirements for North Newport Center are shown below on Table 4, North Newport Center Parking Requirements. Table 4 - North Newport Center Parking Requirements Land Use Parking Requirement Regional Commercial 3 spaces per 1,000 square feet' Movie Theater 3 spaces per 1,000 square feet Office 1 space per 375 square feet Medical Office Municipal Code Hotel Municipal Code Residential 2 spaces per unit includes 1 covered; plus 0.5 spaces per unit up to 50 units, then 0.25 spaces per unit thereafter for guest parking Other Municipal Code FBF Week 500 and Week 600, effiee pafking shall be PFON'ided at a Fete of 1 spoee POF 315 Squff feet -For San Joaquin Plaza, a parking management plan shall be required to utilize the parking ratios identified in Table 4 to demonstrate provision of adequate parking. If a parking management plan is not prepared for San Joaquin Plaza, parking shall be provided per the Municipal Code. Parking for Block 100 and Block 400 shall be provided per the Municipal Code Parking for Block 800 shall be provided at 2 parking spaces per unit including 1 covered: plus 0.5 spaces per unit for guest parking. 2. Valet Parking Valet parking and satellite parking with shuttle service that involves use of the public right -of -way shall require approval by the City Traffic Engineer. 3. Parking Management Plan Parking management plans may be prepared if the applicant wishes to deviate from the parking standards identified above. 1 The parking requirement during the peak seasonal period is 4 spaces per 1,000 square feet per an existing parking management plan. North Newport Center Planned Community Development Plan 18 12112107. 10128/09 Land Uses, Development Standards & Procedures Section III. Site Development Standards Parking management plans may address issues such as modified parking requirements based upon complimentary peak hour demand of uses, off peak shared parking between sub - areas, drop off and valet services on private property, and tandem parking. The parking management plan shall take into account properties that are not part of the Planned Community district, but that are served by parking located within the district, and shall ensure that no detrimental effects to the existing parking for such properties occur. A pM(ing management plan shall only eensider parking within the Plafmed Community distfial. Parking management plans shall be prepared by an independent traffic engineer at the applicant's expense. Parking management plans shall be approved by the City Traffic Engineer prior to the issuance of building permits. D. Landscaping Landscaping shall be installed subject to the following standards and maintained in a healthy, weed - free condition, free of litter and so as not to interfere with traffic safety Surface Parking Lot Landscaping: Parking lots shall be landscaped at a minimum of I tree per 5 parking spaces. The minimum size of trees shall be 24 -inch box. 2. Water Conservation: Satellite linked irrigation controllers or appropriate best manage- ment practices shall be incorporated into landscape design for new construction. E. Lighting Parking lots and walkways accessing building and parking areas shall be illuminated with a minimum maintained 0.5 foot -candle on the driving or walking surface during the hours of operation and one hour thereafter. If the applicant wishes to deviate from this lighting standard, a lighting plan may be prepared by the applicant and submitted to the Planning Director for review and approval. Indirect, decorative halo banding along the top of buildings is permitted. F. Signs General Sign Standards All permanent and temporary signs in North Newport Center that are visible from public right -of- ways and public property shall be consistent with the provisions of these sign standards, unless otherwise approved by the Planning Director. All permanent and temporary signs that are not visible from public right -of -ways are not limited in quantity, size, location, or design. Sign illumination is permitted for all sign types. Wall Siigns that are visible from public right -of -ways must consist of individual fabricated letters; or routed -out letters in an opaque background. Enclosed "box" or "can" signs are not permitted, unless they are logos. All commercial uses are permitted to place at each entry an incidental sign located at or below eye level to be visible to pedestrians, and shall not exceed six square feet. In addition to other signs permitted in this section, signs used to give direction to vehicular or pedestrian traffic are permitted. Directional signs oriented to vehicular or pedestrian traffic within North Newport Center Planned Community Development Plan 19 12419407 10/28/09 1 Land Uses, Development Standards & Procedures Section III. Site Development Standards internal drives or walkways of a development block are not regulated. Directional signs oriented to vehicular or pedestrian traffic in the public right of way are regulated as follows. Sign content shall not be limited. Signs shall be subject to the review of Tra ffic the City Trac Engineer to ensure adequate sight distance in accordance with the provisions of the Municipal Code. Directional signs that -are limited to a maximum of 10 square feet in size but are not limited in quantity, location, or design. Temporary signs that are visible &em publie right ef ways and intended to be displayed for 60 days or less are permitted for purposes related to special events, holiday activities and store openings. Detailed standards for temporary signs are contained below. A comprehensive sign program may be prepared if the 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 Municipal Code. Sign programs in place prior to this writing including the Island Hotel and Leasing Sign Programs shall remain in place. 2. Restricted Sign Types Signs visible from public right -of -ways are subject to the following restrictions: a. No rotating, flashing, blinking, or signing with animation shall be permitted on a permanent basis. b. No signs shall be permitted which imitate or resemble official traffic signs or signals. C. No wind signs or audible signs are permitted. Animated signs visible from public streets are not allowed unless otherwise permitted by the Municipal Code. 3. Sign Standards for Fashion Island In addition to the general sign standards identified above, specific sign standards for Fashion Island are provided in Table 6, Fashion Island Sign Standards below. Table 6 - Fashion Island Sign Standards Sign Type Location Maximum Number Maximum Sign Size Maximum Letter/ Logo Height Shopping Center Identification Sign Each vehicle entry drive location 2 per entry drive (one on each side) 100 square feet 10 feet high -9 feet Major Tenant Sign Exterior walls or parapets of buildings 1 sign per building elevation (maximum 4 signs for each major tenant) - Determined by name of tenant; 10 feet letter4ogo height not to exceed 10 feet Freestanding Commercial Exterior walls or parapets of buildings 1 sign per building elevation (maximum 4 signs for each building or structure) - Determined by name of tenant; 3 feet —4.5 feet letter/logo height not to exceed 3 feet Monument 1 per building 50 square feet 5 feet high North Newport Center Planned Community Development Plan 20 1214810710/28/09 Land Uses, Development Standards & Procedures Section III. Site Development Standards 4. Sign Standards for Mixed -Use and Commercial Office Blocks In addition to the general sign standards identified above, specific sign standards for the Mixed -Use blocks, Block 100, Block 400 and Block 800 are provided in Table 7 , Sleeks below. Primary building address numbers shall be visible from the street (and/or pedestrian walkways in the case of necessity), and be located on the building so that they are visible from adjacent frontage roads and designated parking areas, except for the buildings at 500 and 550 Newport Center Drive, which have their primary address numbers on the cubes along Newport Center Drive. Secondary address signs may be located where appropriate for on -site orientation and safety. All address signs shall have a consistent color, design, and material for any given building. A single letter style is recommended. Table 7 — Sian Standards for Blocks 100, 400, 500, 600, 800 and San Joaquin Plaza Maximum Sign Maximum Letter) Sign Type Location Maximum Number Size Logo Height Tenant Sign Exterior elevations of —1 sign per tenant, 1 square foot per — per building Size shopping center and each lineal foot of 10 feet Santa Rosa Drive parking structures facing elevation storefront (not to sign located at Newport Center Drive (1 per corner) exceed 100 square Santa Cruz Drive 2 15 feel high feet) Theater Signs Facing Newport Center 1 —300 square feet Theater name: 15 feet wide Drive (exterior wall or Block 500: 20 feet high 5 feet 24 inches parapet of building which Each show title: at San Joaquin Hills Road / Avocado theater occupies, free 15 feet wide 3 feet high 1 standing, or on adjacent 24 inches 15 feet wide parking structure) at San Nicolas /Avocado 15 feet wide Store Address Signs Each entry to store 1 per store entry 6 square feet —12 inches Entry Marker Signs To be approved by 7 signs 36 square feet (with —2 feet Planning Director 2 -foot overhang) 1 15 feet high 24 inches 15 feet high 4. Sign Standards for Mixed -Use and Commercial Office Blocks In addition to the general sign standards identified above, specific sign standards for the Mixed -Use blocks, Block 100, Block 400 and Block 800 are provided in Table 7 , Sleeks below. Primary building address numbers shall be visible from the street (and/or pedestrian walkways in the case of necessity), and be located on the building so that they are visible from adjacent frontage roads and designated parking areas, except for the buildings at 500 and 550 Newport Center Drive, which have their primary address numbers on the cubes along Newport Center Drive. Secondary address signs may be located where appropriate for on -site orientation and safety. All address signs shall have a consistent color, design, and material for any given building. A single letter style is recommended. Table 7 — Sian Standards for Blocks 100, 400, 500, 600, 800 and San Joaquin Plaza North Newport Center Planned Community Development Plan 21 32118/07 10/28/09 1 Maximum Sign Maximum Sign LetterfLogo Type Description Location Maximum Number Size Height A Large cube or blade Santa Rosa Drive 2 15 feet high 24 inches sign located at at San Joaquin Hills Road (1 per corner) 15 feet wide Santa Cruz Drive 2 15 feel high 24 inches entries to Newport Center at San Joaquin Hills Road l per corner) 15 feet wide Block 500: 1 15 feet high 24 inches at San Joaquin Hills Road / Avocado 15 feet wide Block 500: 1 15 feet high 24 inches at San Nicolas /Avocado 15 feet wide MacArthur Boulevard 1 15 feet high 24 inches at San Joaquin Hills Road 15 feet wide San Joaquin Plaza: 1 15 feet high 24 inches at Jamboree / San Joaquin Hills Road 15 feet wide B Small cube San Nicolas Drive 2 5 feet high 5 inches at Newport Center Drive (1 per comer) 5 feet wide North Newport Center Planned Community Development Plan 21 32118/07 10/28/09 1 Land Uses, Development Standards & Procedures Section III. Site Development Standards Sign Type Description Location Maximum Number Maximum Sign Size Maximum Letter /Logo Height located along Newport Center Drive Newport Center Drive and Santa Rosa 2 (1 per comer) 5 feel high 5 feet wide 5 inches Block 600: Along Newport Center Drive 5 5 feet high 5 feet wide 5 inches C Other Freestanding Signs Block 100 1 per frontage 5 feet high 10 feet wide 10 inches Block 400: Avocado at San Miguel Along San Nicolas 2 1 5 feet high 6 feet wide 13 inches Between 500 and 550 Newport Center Drive 1 4 feet high 12 feet wide 18 inches Block 600: Along Santa Cruz Drive 2 7 feet high 22 feet wide 18 inches Santa Cruz Drive at Newport Center Drive 1 15 feet high 15 feet wide 24 inches San Joaquin Plaza: Along San Joaquin Hills Road; Santa Cruz Drive; San Clemente Drive 1 each (3 signs along San Clemente Drive) 6 feet high 12 feet wide 51/2 inches for Tenant ID; 18 inches for Project ID San Clemente Drive at Santa Cruz Drive 1 5 feet high 12 feet wide 18 inches San Clemente Drive at Santa Barbara 1 5 feet high 16 feet wide 18 inches D Signs mounted on landscape walls Block 400: facing Newport Center Drive 1 Determined by 18 inches name of tenant: Ietter1logo height not to exceed 18 inches Block 500: facing Newport Center Drive 4 Determined by 26 inches name of tenant: le0erlloao height not to exceed 26 inches Block 600: facing streets 2 facing San Joaquin Hills; 5 facing Newport Center Drive; 1 facing Santa Rosa Determined by 18 inches name of tenant: IetterAoao height not to exceed 18 inches Block 800: at San Clemente project entry 2 Determined by 36 inches name of tenant: IetterAogo height not to exceed 36 inches Block 800: at San Clemente / Santa Barbara 1 Determined by Winches name of tenant; IefterAoao heiaht not to exceed 36 inches North Newport Center Planned Community Development Plan 22 4 XI A 7 10!28/09 Land Uses, Development Standards & Procedures Section III. Site Development Standards Maximum I Maxim.imketied 64WType Ln6atiex Maximum Number SignSixe Lego -Height ProjeGI Identification Sign Santa- Resa -BAve 2 16 feel high 24 ashes at San joaqw1A Hills Read 413e1 15 feet SaaFa- 6rua8Ave 1 35- fee6higp 24- inehee at Newpeq -CeaW Dove 15teeFvxde SaMA CF 17 grive 2 16 feethgh 24aaehes a! San joaqu P H i's Read FU6ecsen+erj Ifi feet -wide Saa6lemente -&we 4 64eeFhigh 3@Jashee atRANA C:R.7Drwe 12 leg' Sea- Clemeate&ive 4 54eel high 10 aeehes at- Santa - Barham 16 feet wde Tenant MGM iwatiea San N Golas Dwe at NOWPOFt GAR19F 4 Sleet -high 6-*MG Signs DR" sfaetwtide 1 4 feel high 18inshes Geater Driv9 44eek%gde NewpeFt Gentw Brwe 2 5feet Wilk 6+nshes aaASaataResa (1- pescerne� 540e14ade North Newport Center Planned Community Development Plan 23 4248M710/28/09 1 Maximum Sign Maximum Sign Letter /Logo Type Description Location Maximum Number Size Height E Building Sign On building elevation 2 per Primary Tenant Determined by Primary name of tenant 1 per Secondary Tenant - lederll000 height Tenanl 24 inches not to exceed: Secondary Primary 24 Tenant - inches 16 inches Secondary 16 inches F Building Address On building elevation i each 24 inches high 24 inches (additional address signs may be located where appropriate for on -site orientation) G Freestanding Santa Rosa Drive at Newport Center 1 each 8 feet high 18 inches Building Address Drive; San Nicolas Drive at Newport 6 feet wide Center Drive; Santa Cruz at Newport Center Drive; San Joaquin Hills Road 2 28 inches H Advisory Signs Parking Lots As appropriate for 4 feet high As recuired by Fire safety and orientation Department or Building Code for safety pumoses I Drive Through Drive Throughs I per tenant per 8 feet wide 15 inches Signs elevation, up to 2 on walls of structure J Apartment Leasing Block 800 1 per frontage 5 feet high by 3 24 inches Signs feet wide panel on post K Office Leasing Blocks 100, 400, 500, 600, and 1 per frontage 4.5 feet high by 1 7 inches Signs San Joaquii 1 5 feet wide Maximum I Maxim.imketied 64WType Ln6atiex Maximum Number SignSixe Lego -Height ProjeGI Identification Sign Santa- Resa -BAve 2 16 feel high 24 ashes at San joaqw1A Hills Read 413e1 15 feet SaaFa- 6rua8Ave 1 35- fee6higp 24- inehee at Newpeq -CeaW Dove 15teeFvxde SaMA CF 17 grive 2 16 feethgh 24aaehes a! San joaqu P H i's Read FU6ecsen+erj Ifi feet -wide Saa6lemente -&we 4 64eeFhigh 3@Jashee atRANA C:R.7Drwe 12 leg' Sea- Clemeate&ive 4 54eel high 10 aeehes at- Santa - Barham 16 feet wde Tenant MGM iwatiea San N Golas Dwe at NOWPOFt GAR19F 4 Sleet -high 6-*MG Signs DR" sfaetwtide 1 4 feel high 18inshes Geater Driv9 44eek%gde NewpeFt Gentw Brwe 2 5feet Wilk 6+nshes aaASaataResa (1- pescerne� 540e14ade North Newport Center Planned Community Development Plan 23 4248M710/28/09 1 Land Uses, Development Standards & Procedures Section III. Site Development Standards 5. Temporary Signs The following standards are intended to produce consistent sign design for temporary signs within Newport Center. Temporary signs are to identify a future site or project; or a facility under develop- ment or offered for lease. Temporary signs that are visible from public right -of -ways and identify new construction or remodeling may be displayed for the duration of the construction period beyond the 60 -day limit. Signs mounted on a construction fence are allowed during construction and may be rigid or fabric. The top of the sign must be no greater than 20 feet above grade. Maximum Number: One (1) temporary sign is permitted on a site for each frontage street, up to two (2) signs per building, but not at the same comer of the building. Type: Single- or double -faced ground signs or wall signs. Location: If ground signs, they may be parallel or perpendicular to the roadway. If wall signs, they must be located below the sill of second floor windows. Design: Rectangular shape; rigid, permanent material; not fabric. North Newport Center Planned Community Development Plan 24 1208407 10/28/09 Land Uses, Development Standards & Procedures Section III. Site Development Standards Mounting Technique: Flush with building; entirely on glass or entirely on a wall surface; not overlapping glass or wall surface. Duration: Signs may exist from the time of lease or sale of the parcel until the construction and/or leasing of the facility is complete. G. Residential Compatibility In keeping with the purpose of Fashion Island and the Mixed -Use sub -areas, permitted uses in North Newport Center include uses and events that have the potential to generate noise. Due to the day /evening use of Fashion Island in particular, noise generating activities, lighting, odors from restaurants, and similar occurrences are produced and take place during all hours of operation. Such uses and events are required to comply with the City's Municipal Code regulating these uses. Disclosures shall be made to prospective buyers /tenants of residential developments that there is an expectation for noise levels higher than in typical suburban residential areas as part of the Mixed -Use concept within North Newport Center. Additionally, the disclosure shall indicate that there is an expectation for lighting, odors and similar occurrences in a Mixed -Use setting as compared to suburban residential areas. H. Residential Open Space Requirements The following open space standards shall apply to residential development projects: 1. Common Outdoor Open Space Each project shall provide common outdoor open space either at grade, podium level, or roof level. Common outdoor open space areas shall have a minimum dimension of 30 feet and may contain active and/or passive areas and a combination of hardscape and landscape features, but a minimum of 10 percent of the common outdoor open space must be landscaped. All common outdoor open space must be accessible to all residents. Projects shall provide a minimum of 5 percent common outdoor open space based on the residential lot area. 2. Common Indoor Space Each project shall provide at least one community room of at least 500 square feet for use by all residents of the project. The area should be located adjacent to, and accessible from, common outdoor open space. This area may contain active or passive recreational facilities or meeting space, and must be accessible through a common corridor. 3. Private Open Space At least 50 percent of all dwelling units shall provide private open space, on a balcony, patio, or roof terrace, with a minimum area of 30 square feet each and an average horizontal dimension of 6 feet. Balconies should be proportionately distributed throughout the project in relationship to floor levels and sizes of units. For any project 8 acres or larger, open space shall be provided in accordance with the General Plan. North Newport Center Planned Community Development Plan 25 42410107 10/28/09 1 Land Uses, Development Standards & Procedures Section III. Site Development Standards [this page intentionally blank] THIS FACE LEFT BLANK North Newport Center Planned Community Development Plan 26 72/38/97 10/28/09 Land Uses, Development Standards & Procedures Section IV. Planned Community Development Plan Administration IV. Planned Community Development Plan Administration A. Process for New Structures 1. Purpose and Intent The purpose of the Plan Review process is to provide for review of development proposals for new structures within the North Newport Center Planned Community district. Prior to the issuance of a building permit, all development proposals shall be subject to a Plan Review by the Planning Director for review to determine compliance with the Planned Community Development Plan and North Newport Center Design Regulations. Signs, tenant improvements, carts, kiosks, temporary structures and uses are exempt from this provision. 2. Submittal Contents Each Plan Review submittal or amendment thereof shall contain sufficient details for a thorough review of the relationships between uses on the site and on adjacent sites consistent with the Development Plan and the Design Regulations. At the discretion of the Planning Director, the requirements for submittal of a Plan Review may be altered from those set forth below when the Director determines that other information will be sufficient to allow a thorough review of the project by the approving authority. Submittals for Plan Review shall include plans that contain the following elements in addition to the City's submittal requirements for plan check: a. Existing Conditions including adjacent structures and proposed improvements b. Floor Plans C. Elevations that clearly demonstrate the architectural theme of each face of all structures, including walls and signs, illustrating the following: 1) All exterior materials 2) All exterior colors 3) Building heights d. Parking management plan (where applicable) e. Preliminary Landscape Plan, illustrating: 1) General location of all plant materials, by common and botanical names 2) Size of plant materials 3) Irrigation concept f. Lighting Plan, including: locations, fixture height, lighting fixture product type and technical specification g. Permitted and proposed floor area, number of hotel rooms, theater seats, and/or residential units h. Statement of consistency with the General Plan, Planned Community Development Plan and Design Regulations i. Any additional background and supporting information, studies or materials that the Planning Director deems necessary for a clear representation of the projects j. Shade analysis if required k. Open Space Plans for residential projects North Newport Center Planned Community Development Plan 27 4244@/07 10/28/09 Land Uses, Development Standards & Procedures Section IV. Planned Community Development Plan Administration 3. Review and Action Submittals shall be reviewed by the Planning Director, and the Planning Director shall approve the project if he /she makes the following findings: a. The proposed use and/or development is consistent with the General Plan. b. The proposed use and/or development is consistent with the North Newport Center PC Development Plan and Design Regulations. The Plannine Director shall notify the Planning Commission and City Council if deviations from the height limit are aooroved. The Planning Director action is the final action unless appealed in accordance with the Municipal Code. B. Process for New Signs Applications for new signs shall follow the process identified in the Municipal Code. Submittal shall be reviewed for consistency with the Development Plan and Design Regulations. C. Transfer of Development Rights The following procedure shall be used for the transfer of development rights. 1. The project applicant shall submit an application to the Planning Director, which identifies the quantity of entitlement (floor area, hotel rooms, theater seats) to be relocated, and the sending and receiving sites. If the requested transfer includes the conversion of non - residential uses, the application shall also identify the quantity of entitlement, by use category, before and after the transfer. 2. The City Traffic Engineer shall perform a traffic analysis to determine the total number of PM peak hour trips that would be generated by development allowed with and without the transfer. Trip generation rates shall be based on standard trip generation values in the current version of ITE's "Trip Generation," unless the Traffic Engineer determines that other rates are more valid for the uses involved in the transfer. 3. Depending on the location of the sending and receiving sites, the Traffic Engineer may determine that a more detailed traffic analysis is required to determine whether adverse traffic impacts will result from the transfer. This analysis shall demonstrate whether allowed development, with and without the transfer, would either cause or make worse an unsatisfactory level of service at any primary intersections for which there is no feasible mitigation. This analysis shall be consistent with the definitions and procedures contained in the Traffic Phasing Ordinance of the Municipal Code, except that "unsatisfactory level of service" shall be as specified in the General Plan. 4. If the transfer request involves the conversion of uses, the Planning Director shall perform a land use intensity analysis to determine the floor area that could be developed with and without the transfer. For purposes of this analysis, theater use shall be allocated 15 square feet per seat. Hotel use shall be allocated the number of square feet per room at which it is included in the General Plan. When the General Plan does not specify intensity for hotel rooms, it shall be as determined by the Planning Director. North Newport Center Planned Community Development Plan 28 1208W 10/28/09 Land Uses, Development Standards & Procedures Section IV, Planned Community Development Plan Administration 5. Applications for transfer of development rights shall be considered by the City Council as a ministerial action. The City Council shall approve a transfer of development rights e* if it finds that the transfer will result in no more trips and no greater intensity of land use than the development allowed without the transfer. In addition, if the traffic study in Subsection c. is required, the City Council shall approve the transfer erg if it results in no greater traffic impact than the development allowed without the transfer. North Newport Center Planned Community Development Plan 29 4298im X028 /O9 Land Uses, Development Standards & Procedures Section IV. Planned Community Development Plan Administration [this page intentionally blank] North Newport Center Planned Community Development Plan 30 1:202107. 10128/09 Land Uses, Development Standards & Procedures Section V. Definitions V. Definitions All words and phrases used in this North Newport Center PC shall have the same meaning and definition as used in the City of Newport Beach Municipal Code unless defined differently in this section. Architectural Features: A visually prominent or formally significant element of a building which expressed its architectural language and style in a complementary fashion. Architectural features should be logical extensions of the massing, details, materials and color of the building which complement and celebrate its overall aesthetic character. Advisory Sign: Any sign that contains directional or safety information; does not contain advertisements. Audible Signs: Any sign that uses equipment to communicate a message with sound or music. Banks /Savings & Loans: Establishments that provide a full range of retail banking and mortgage loan services to individuals and businesses. Includes only those institutions engaged in the on -site circulation of cash money. Also includes businesses offering check - cashing services. Drive- through or drive -up service included. Bars and Cocktail Lounges: Establishments engaged in selling or serving alcoholic beverages for consumption on the premises or establishments having any of the following characteristics: Licensed as a "public premises" by the California Department of Alcoholic Beverage Control. Provides an area for serving alcoholic beverages that is operated during hours not corresponding to regular meal service hours. Food products sold or served incidentally to the sale or service of alcoholic beverages shall not be deemed as constituting regular food service. Building Elevation: The exterior wall surface formed by one (1) side of the building. Buildine Heieht: Building height is measured from the corresponding point on the roof to the exterior finished grade. If the building is on a sloping surface, the height measurement is taken from the building entrance. Exceptions include but are not limited to below rg ade parking structure entrances, motor courts, and retaining walls. See Graphic I on page 36. Business, Government and Professional: Offices of firms, individuals or organizations that provide professional, executive, management or administrative services (e.g., architectural, engineering, government, insurance, investment, legal, planning). Includes administrative, clerical or public contact offices of a government agency, including incidental storage and maintenance of vehicles. Support retail and service uses also allowed. Carts and Kiosks: Carts and kiosks are small, freestanding structures used for retail sales and services. Generally mobile in terms of ease of relocation, the structures can be seasonal, temporary or for a more permanent use. North Newport Center Planned Community Development Plan 31 12A8167 10/28/09 1 Land Uses, Development Standards & Procedures Section V. Definitions Commercial, Recreation and Entertainment: Establishments providing participant or spectator recreation or entertainment, either indoors or outdoors, for a fee or admission charge. Illustrative examples of these uses include: - arcades or electronic games centers having three or more coin - operated game machines - bowling alleys - billiard parlors - cinemas - ice /roller skating rinks - live entertainment - pool rooms - tennis/racquetball courts - theaters Cultural Institutions: Public or private institutions that display or preserve objects of community, or cultural interest in one or more of the arts or sciences. Day Care: Non - medical care and supervision of children or adults on a less than 24 hour basis, including nursery schools, preschools, and day care centers. Day Spas: Establishments that specialize in the full complement of body care including, but not limited to, body wraps, facials, pedicures, make -up, hairstyling, nutrition, exercise, water treatments and massage which is open primarily during normal daytime business hours and without provisions for overnight accommodations. Department Store: A store selling a wide variety of goods or services arranged in several departments. Eating and Drinking Establishments: Establishments engaged in serving prepared food or beverages for consumption on or off the premises. Emergency Health Care: Establishments that provide emergency medical service with no provision for continuing care on an inpatient basis. Entry Marker Sign: Sign used to provide information on activities and events, as well as advertise stores and shops within a shopping center. Eye Level: The height of 5 feet measured from grade. Freestanding Commercial: Any building with a commercial use which is separated from other commercial uses by parking and/or streets. Internal Pedestrian Street: Any walkway, path, plaza, arcade or condor, either covered or open to the sky, which is primarily for use by people on foot and is not adjacent to the frontage road or common parking areas. Major Building: A mall building over 50,000 square feet. Major Tenant: A store or restaurant having a minimum of 10,000 square feet of floor space, which is located within or between other commercial buildings. North Newport Center Planned Community Development Plan 32 3243@/07.10/28/09 Land Uses, Development Standards 8. Procedures Section V. Definitions Mall Building: Retail buildings where stores front a pedestrian walkway, which may be enclosed or open. Medical Retail: Sales of medical goods or services that are retail oriented. Illustrative examples of these uses include: - eye exam, eyeglass /contact lens sales - skin treatments - body scanning - dental enhancement treatments Minor Use Permit: Use permit issued by the Planning Director. Monument Sign: Any sign that is supported by its own structure and is not part of or attached to any building. Parking Structure: Structures containing more than one story principally dedicated to parking. Parking structures may contain accessory, ancillary and resident support uses. Periphery Building: Building located along the ring of Fashion Island adjacent to Newport Center Drive. Personal Improvement: Includes those services that are personal and that promote the health and well -being of an individual. Personal Services: Establishments that provide recurring services of a personal nature. Illustrative examples of these uses include: - barber and beauty shops - clothing rental shops - dry cleaning pick up store with limited equipment - dry cleaning with no on -site equipment - home electronics and small appliance repair - postal services - locksmiths - self - service laundries - shoe repair shops - tailors and seamstresses - tanning salons - printing & duplicating - travel agencies/services - nail salon Podium Level: A superposed terrace conforming to a building's plan, a continuous pedestal; a level of vertical segregation linking separate areas. Primary Tenant: The largest tenant of a building. Project Identification Sign: A free - standing (single or double faced) monument sign containing the project name. Public Safety Facilities: Police, fire, paramedic and emergency service facilities. North Newport Center Planned Community Development Plan 33 I2I1=7 10/28109 1 Land Uses, Development Standards 8 Procedures Section V. Definitions Regional Commercial Gross Floor Area: Refer to Section II.B.1 above. Residential: An area within a structure on a parcel that contains separate or independent living facilities for one or more persons, with area or equipment for sleeping, sanitation or food preparation. Retail Sales: Stores and shops which sell various lines of merchandise for profit. This includes the sales of non - durable and durable goods to customers. Illustrative examples of these stores and lines of merchandise include: - antiques - appliances - artists supplies - automotive accessories (no installation) - animal sales and services - bakeries - bicycles - books - cameras and photographic supplies - carpeting and floor covering - clothing and accessories - convenience markets /stores - department stores - drug and discount stores - dry goods - electronic equipment (including automotive installation) - food and beverages - gift shops - handcrafted items - hardware - hobby materials - jewelry - real estate information center - luggage and leather goods - medical supplies and equipment - musical instruments, parts and accessories - office supplies - paint and wallpaper - pharmacies - shoe stores - specialty shops - sporting goods and equipment - supermarkets - tobacco - toys and games Rooftop Anpurtenance: Rooftop appurtenances include, but are not limited to, mechanical ,equipment, stairwell and elevator shaft housing, antennae, window washing equipment, and wireless communication facilities. See Graphic I on page 36. North Newport Center Planned Community Development Plan 34 42Fl8/8Z t !28/09 Land Uses, Development Standards & Procedures Section V. Definitions Secondary Tenant: A small tenant; not the primary tenant of an office building. Senior Citizen Housine: A residential development for senior citizens (i.e. persons 55 years of age or older) that has at least 35 dwelling units and conforms to Civil Code 5I3(b)(4). Service Tunnels: A corridor limited to access for building supply and maintenance personnel and equipment including horizontal and vertical tunnels and shafts, and freight elevators, not intended for customer circulation or access, and not for use as storage or office space. Sign: Any media, including their structure and component parts which are used or intended to be used out -of -doors to communicate information to the public. Sign Area: The area enclosed by a rectangle drawn around the working, numbers or images composing the sign. Sign Face: The physical plane and/or surface upon which the working or images are applied. Sign Letter: The individual symbols of the alphabet used in forming the words of a message. Shopping Center Identification Sign: A monument sign identifying a shopping center. Resident Support Uses: Uses within residential developments, offices and hotels. and residential parking structures designed, oriented, and intended to primarily serve building occupants. This includes uses such as dry cleaners, coffee vendors, and sundry shops. Such uses must be consistent with the pertinent regulations in Table 1. Tenant Sign: Any permanent sign of an establishment that is located on or attached to the storefront elevation, a covered walkway, or an awning for the purpose of communicating the name of the tenant. Temporary Sign: Any sign, banner, pennant, valance, or advertising display constructed of cloth, canvas, plywood, light fabric, cardboard, wallboard or other light materials, with or without frames, intended to be displayed for a limited period of time. Theater Sign: Any permanent sign used to communicate to the public the name of a theater and the show(s) or movie(s) that are offered. Vehicle Entry: Any intersection points along the public right -of -way that provide access for automobiles. Visitor Accommodations: Establishments offering lodging rooms, including bed and breakfasts, inns, hotel, and motels. Incidental support facilities are included within these uses. Wind Sign: A series of similar banners or objects of plastic or other light material more than 2 inches in diameter which are fastened together at intervals by wire, rope, cord, string or by any other means, designed to move and attract attention upon being subjected to pressure by wind or breeze. North Newport Center Planned Community Development Plan 35 1:1118!47 10/28/09 1 Land Uses, Development Standards & Procedures Section V. Definitions MECHANICAL PEWHOUSE ELEVATOR OVERUN TOP OF PARAPET F- ED S Z O _J m %INISH GRADE NOTE: In no instance shall any part of the building, including rooftop appurtenances or architectural features, penetrate the FAA (Part 77) imaginary obstruction surface for John Wayne Airport. Graphic 1. Example of Building Height and Rooftop Appurtenances North Newport Center Planned Community Development Plan 36 I XI II!67- 10 /28!09 Land Uses. Development Standards & Procedures Appendix - Design Regulations NORTH NEWPORT CENTER DESIGN REGULATIONS North Newport Center Design Regulations 01�� 11210'n710/22/09 Land Uses. Development Standards & Procedures Appendix — Design Regulations 1. Introduction A. Purpose of Design Regulations .......................................................................... ............................... I B. Newport Center Design Framework .................................................................. ............................... I C. North Newport Center ........................................................................................ ..............................4 11. Design Regulations ................................................................................................ ..............................7 Usingthese Regulations ............................................................................................... ..............................7 A. Building Location and Massing .......................................................................... ..............................7 1. Site Planning Elements ............................................................................. ..............................7 2. Building Envelope .................................................................................... ..............................9 3. Building Character and Style ................................................................... ..............................9 4. Building Materials and Colors .............................................................. ............................... l2 5. Parking Structures ................................................................................... .............................12 B. Landscape .......................................................................................................... .............................13 1. Overall Landscape ................................................................................... .............................13 2. Perimeter and Street Landscape .............................................................. .............................14 3. Parking Lot Landscape ............................................................................ .............................15 4. Internal Landscape .................................................................................. .............................16 C. Circulation ......................................................................................................... .............................16 1. Streets and Pedestrian Activity .............................................................. ............................... 16 2. Service and Emergency ........................................................................... .............................20 3. Parking Lots ............................................................................................ .............................21 D. Orientation and I dentity ..................................................................................... .............................22 1. Gateways and Ent rances .......................................................................... .............................22 2. View Corridors ........................................................................................ .............................23 3. Landmarks ............................................................................................... .............................24 4. Signage .................................................................................................... .............................25 5. Lighting ................................................................................................... .............................35 North Newport Center Design Regulations 1 oil nrm10 /22/09 Land Uses, Development Standards & Procedures Appendix - Design Regulations I. Introduction A. Purpose of Design Regulations The Design Regulations expand upon the regulations set forth in the Planned Community Development Plan. The Design Regulations are intended to be used for reference by the City of Newport Beach as part of the plan review process. It is recognized that North Newport Center will be built and redeveloped over time and that not all regulations may be achieved nor are applicable for any given project. All new commercial and residential development shall be subject to the North Newport Center Design Regulations. Review for compliance of projects under this section shall occur through the plan review process, as defined in the Development Plan, prior to building permit issuance. B. Newport Center Design Framework Newport Center is a 600 -acre master planned area. Development within Newport Center began in the 1960s and generally has followed the following guiding principles: I. Strong physical urban design framework which provides structure and character yet allows flexibility 2. Synergistic mix of land uses, market driven to insure economic vitality 3. Balanced and dispersed auto access 4. Organized in "blocks" and districts to break down scale and provide identity 5. Pedestrian Orientation 6. Building massing that responds to topography, with taller buildings located along San Joaquin Hills Road 7. Unifying architectural and landscape character North Newport Center Design Regulations 1 1211101=10128/09 Land Uses, Development Standards 8 Procedures Appendix— Design Regulations Early Newport Center Planning Diagrams and Sketches (circa 1960) The design regulations provide standards that govern future development so that, to the extent feasible, the initial design framework is carried forward and the design and development policies from the Land Use Element of the General Plan are implemented. North Newport Center Design Regulations 121180710/28/09 Land Uses. Development Standards & Procedures Appendix — Design Regulations General Plan Policies Newport Center The following policies from the Land Use Element are for Newport Center as a whole. Development within North Newport Center should contribute toward the policies whenever possible. • Development Scale: Reinforce the original design concept for Newport Center by concentrating the greatest building mass and height in the northeasterly section along San Joaquin Hills Road, where the natural topography is highest and progressively scaling down building mass and height to follow the lower elevations toward the southwesterly edge along East Coast Highway. • Urban Form: Encourage that some new development be located and designed to orient to the inner side of Newport Center Drive, establishing physical and visual continuity that diminishes the dominance of surface parking lots and encourages pedestrian activity. • Pedestrian Connectivity and Amenity: Encourage that pedestrian access and uses within the district be improved with additional walkways and streetscape amenities concurrent with the development of expanded and new uses. • Fashion Island Architecture and Streetscape: Encourage that new development in Fashion Island complement and be of equivalent or higher design quality than existing buildings. Reinforce the existing promenades by encouraging retail expansion that enhances the storefront visibility to the promenades and provides an enjoyable retail and pedestrian experience. Additionally, new buildings shall be located on axes connecting Newport Center Drive with existing building to provide visual and physical connectivity with adjoining uses, where practical. Mixed -Use District and Neighborhood The following policies from the Land Use Element are City-wide in orientation. Development within North Newport Center should contribute toward the policies whenever possible. Mixed -Use Buildings: Require that Mixed -Use buildings be designed to convey a high level of architectural and landscape quality and ensure compatibility among their uses in consideration of the following principles: - Design and incorporation of building materials and features to avoid conflicts among uses, such as noise, vibration, lighting, odors, and similar impacts - Visual and physical integration of residential and non - residential uses - Architectural treatment of building elevation and modulation of their massing - Separate and well- defined entries for residential units and non - residential businesses - Design of parking areas and facilities for architectural consistency and integration among uses - Incorporation of extensive landscape appropriate to its location; urbanized streetscapes, for example, would require less landscape along the street North Newport Center Design Regulations 3 1 OH arm 10/28/09 Land Uses, Development Standards & Procedures Appendix — Design Regulations frontages but integrate landscape into interior courtyards and common open spaces Mixed -Use Building Location and Size of Non - Residential Uses: Require that 100 percent of the ground floor street frontage of Mixed -Use buildings be occupied by retail and other compatible non - residential uses, unless specified otherwise by policies for a district or corridor. Parcels Integrating Residential and Non- Residential Uses: Require that properties developed with a mix of residential and non - residential uses be designed to achieve high levels of architectural quality in accordance with policies related to the character and quality of multi - family residential and the architecture and site design of commercial districts, be planned to assure compatibility among the uses, and provide adequate circulation and parking. Residential uses should be seamlessly integrated with non - residential uses through architecture, pedestrian walkways, and landscape. They should not be completely isolated by walls or other design elements. Districts Integrating Residential and Non - Residential Uses: Require that sufficient acreage be developed for an individual use located in a district containing a mix of residential and non - residential uses to prevent fragmentation and assure each use's viability, quality, and compatibility with adjoining uses. C. North Newport Center North Newport Center consists of properties on the higher elevations of Newport Center between San Joaquin Hills Road and the Newport Center ring road (Blocks 400,_500 and 6800 and San Joaquin Plaza), as well as the core of Newport Center, Fashion Island, and Block 100. North Newport Center Design Regulations 42i3&01:10/28/09 Land Uses, Development Standards & Procedures Appendix — Design Regulations To the northeast is San Joaquin Hills Road, a wide boulevard on the ridge that forms the upper edge of Newport Center. To the south and southeast are office buildings, movie theaters, restaurants, service retail, the Newport Transportation Center, the Newport Beach Central Library, and Corona del Mar Plaza, a community retail center. Adjacent uses within Newport Center are office buildings, an apartment community, a resort hotel, art museum, police station, fire station, auto dealership, service station, and the Newport Beach County Club. North Newport Center is a mixed -use district that features an open -air regional shopping center, Fashion Island; a resort hotel; and a variety of office buildings that help form the skyline of Newport Beach; connected by a network of tree -lined streets and sidewalks, within a master planned environment featuring a consistent landscape. North Newport Center Design Regulations 5 IXI R40710 /28/09 Land Uses, Development Standards & Procedures Appendix — Design Regulations [this page intentionally blank] THIS PAGE LEFT BLANK North Newport Center Design Regulations 1 °" —a-.e. =10/28/09 Land Uses, Development Standards & Procedures Appendix— Design Regulations II. Design Regulations Using these Regulations These regulations are intended to be used in conjunction with other applicable codes, documents, and ordinances to assess compliance of proposed projects. Each category of regulations begins with the intent, which describes the overall character that is envisioned and what objectives are necessary to attain the desired effect. A. Building Location and Massing Intent The intent of the building massing and location standards is to ensure that new development has an appropriate scale, is related to its use and location, and is properly integrated with adjoining land uses and features. 1. Site Planning Elements a. New commercial and residential buildings should respect the existing urban form, which generally consists of buildings that are organized orthogonally to create pedestrian- friendly courtyards and promenades that visually link the buildings into clusters, as seen in the diagrams below. Pedestrian promenade at Fashion Island Pedestrian courtyard at 550 Newport Center Drive Building interface at San Joaquin Plaza North Newport Center Design Regulations 7 329a16z10128/09 1 Land Uses, Development Standards & Procedures Appendix — Design Regulations b. In Mixed -Use sub - areas, the development of a complex of buildings is preferable to a single large structure because the varied massing provides visual interest and a human scale. Additionally, the spaces created between the various buildings provide opportunities for pedestrian plazas, courtyards and other outdoor gathering areas. C. New buildings should be oriented to and have features which reinforce and enhance the existing pedestrian experience. Mixed -Use sub -areas should emphasize pedestrian orientation by utilizing features such as plazas, courtyards, interior walkways, trellises, seating, fountains and other similar elements. d. New retail buildings should be located to enhance tenant visibility and identity, while maintaining compatible relationships with adjacent structures and street frontages. e. New buildings should be arranged to provide convenient access to entrances and efficient on -site circulation for vehicles and pedestrians. Projects should develop a comprehensive open space network that uses plazas and other open space elements to connect uses. Open space areas and the paths that link them should facilitate the integration of adjacent land uses on the site. f. New buildings with a strong street presence are encouraged in Fashion Island. g. Residential development shall provide common outdoor open space areas for residents. These areas should be configured and designed so as to address privacy for residential uses while also providing linkages to the public open space components of the project. h. Planning and developing shared facilities such as driveways, parking areas, pedestrian plazas and walkways, with adjoining properties, including those outside of the North Newport Center Development Plan, is strongly encouraged. North Newport Center Design Regulations 124=710128/09 Land Uses, Development Standards & Procedures Appendix— Design Regulations 2. Building Envelope a. New buildings should respect the existing development scale, which generally consists of high -rise buildings (10+ stories) clustered along San 3esquin Wilis Readthe northerly section at the highest point in Newport Center. Mid -rise office buildings (5 -10 stories), low -rise office buildings, and retail development are generally located at lower elevations towards Pacific Coast Hi way. 3. Building Character and Style a. The character and style of new buildings located in Fashion Island should be compatible with the classically inspired architecture of the existing buildings in Fashion Island. The character and style of new commercial and residential buildings located in the mixed -use sub -areas should be compatible with the existing contemporary architecture or the classically inspired architecture of the existing buildings. b. New buildings within Fashion Island should continue and enhance the existing pedestrian experience by promoting storefront visibility. C. New buildings should reflect a timeless architecture with straightforward geometry, a unified composition, the expression of floor levels and structure, and solid parapets. Trendy, short- lived, idiosyncratic architectural styles are not appropriate; although retail storefronts may reflect the design theme of the merchant. d. The top of all roof - mounted equipment and communications devices should be below the building parapet or equipment screens in a manner that hides them from the street. The height of rooftop appurtenances shall not exceed the height of the screening. e. Ground level equipment, refuse collection areas, storage tanks and infrastructure equipment should be screened from public right -of -ways views with dense landscaping and/or walls of materials and finishes compatible with adjacent buildings. f. Above grade equipment, including backflow preventers at domestic water meters, irrigation controllers, and cable television pedestals should not be visible from public right -of -ways, when feasible. g. Chain link fencing is not allowed, except to screen construction areas. It. Avoid long, continuous blank walls, by incorporating a variety of materials and design treatments and/or modulating and articulating elevations to promote visual interest. i. Architectural features should accomplish the architectural goal of extending the design elements of the building. i. New buildings on sites with sloping surfaces should be encouraged to utilize the existing terrain. Entrances to motor courts and parking structures are not included in the measurement of building height. North Newport Center Design Regulations 9 324847-10128/09 Land Uses, Development Standards & Procedures Appendix — Design Regulations Example of appropriate high -rise architecture 121111 1 Examples of classically inspired architecture Example of straight forward geometry and expression of floor levels North Newport Center Design Regulations ' O1�r10/28/09 ians 10 Land Uses, Development Standards & Procedures Appendix— Design Regulations Example of architectural feature Example of architectural feature Example of building height measurement on sloping terrain GE North Newport Center Design Regulations 11 1291 RQ710 /28109 Land Uses, Development Standards & Procedures Appendix — Design Regulations 4. Building Materials and Colors a. Colors, materials, and finishes should be coordinated on all exterior elevations to achieve continuity of design. Stripes and patterns are not appropriate; although retail storefronts may reflect the design theme of the merchant. b. Clay tile, concrete tile, metal, and fabric are acceptable materials for low- and mid - rise roofs. C. Stone, metal, exterior plaster, exterior insulated finishing systems (EIFS), brick, concrete, wood, and glass are acceptable materials for building walls. d. Stone, metal, exterior plaster, exterior insulated finishing systems (EIFS), brick, concrete, wood, and glass are acceptable materials for railings. e. Service door and mechanical screen colors should be the same as, or compatible to, the adjacent wall colors. Example of appropriate low -rise finishes 5. Parking Structures a. The architecture of new parking structures should be compatible, complementary, and secondary to principal buildings. b. The design of new parking structures in Fashion Island shall incorporate elements (including landscaping) to soften their visual impact. C. New parking structures in Fashion Island shall be located and designed in a manner that is compatible with the existing pedestrian scale and open feeling of Newport Center Drive. d. Simple, regular forms are encouraged. e. Views of parked vehicles should be screened. f. The visual appearance of sloping floors should be minimized. g. Interiors should be designed to promote a safe vehicular and pedestrian experience. North Newport Center Design Regulations 12 }2!3@/6Z10l28/Og Land Uses, Development Standards & Procedures Appendix — Design Regulations h. Vehicular entries for non - residential parking structures should be obvious and inviting. Vehicular entries to exclusively residential structures should be incorporated into the structure so as to minimize the street presence of the parking structure entrance and to avoid interrupting the continuity of the street facing building elevations. rectangular form and vines to soften visual impact B. Landscape Intent West parking structure at Fashion Island demonstrating rectangular form and varied landscape to soften visual impact The intent of the landscape standards is to ensure that new commercial and residential development preserves and enhances the existing landscape character of North Newport Center. 1. Overall Landscape a. New development should promote an evergreen plant palette that is appropriate in the Mediterranean climate of Southern California. Plant materials should be of a native or drought - tolerant species where appropriate and provide variety, while being consistent with the existing landscape pattern and architectural design of the building. b. Landscape and site design will incorporate Best Management Practices (BMPs) to address low -flow runoff and storm water runoff. Landscaped areas within the project will be provided and used to treat runoff from impervious surfaces and roof drains prior to being discharged into the storm drain system. C. The landscape palette should consist of two distinct groups of plant materials: - Accent planting, including palms, cypress, and color accents - Background planting, including evergreen canopy trees and shrubs d. The overall landscape should be dominated by background planting with accent planting in key areas corresponding to the land use and development intensity. North Newport Center Design Regulations 13 1211 OM:10 /28/09 Land Uses, Development Standards & Procedures Appendix — Design Regulations e. Planting should be organized in layers of plant size and variety such as flowering, cascading, or climbing plants. Contrasts in color and texture should be used to enhance the layering of plants. complementing the building form 2. Perimeter and Street Landscape a. The landscape on the perimeter of sub -areas and along streets of new commercial and residential development should complement the street tree pattem, enhance the pedestrian experience, screen parked vehicles, and soften the view of parking structures. b. Existing trees along public streets should be preserved, and new trees should be installed to fill in gaps. C. Evergreen hedges should be used to screen the lower portions of parked cars. d. Evergreen planting should be used to screen parking structures. North Newport Center Design Regulations 14 424&Wl0128/09 Land Uses, Development Standards & Procedures Appendix — Design Regulations parked cars 3. Parking Lot Landscape Landscape adjacent to 888 San Clemente parking structure a. New surface parking lots should have evergreen canopy trees to provide shade. b. A uniform evergreen tree type should be used for parking lot fields, with a different uniform evergreen tree type used to highlight the major parking aisles. C. Evergreen hedges should be used to screen parked cars. North Newport Center Design Regulations 15 4241 RM710/28/09 Fashion Island parking lot tree placement 4. Internal Landscape Land Uses. Development Standards & Procedures Appendix - Design Regulations San Joaquin Plaza evergreen hedges that screen parked cars a. New courtyards and promenades should continue the existing pedestrian experience by promoting visual continuity, shade and an evergreen landscape. b. Trees should be installed to shade appropriate walkways and cause an interesting and varied pedestrian experience. Example of trees adding variety to pedestrian experience C. Circulation Example of landscaping creating strong visual continuity Intent The intent of the circulation criteria is to ensure that new commercial and residential development enhances existing circulation patterns by maintaining existing, upgrading existing and providing new street and walkway connections. 1. Streets and Pedestrian Activity a. New development should preserve and enhance the existing attractive street scene, promote safe and convenient driving practices, and encourage street level pedestrian activity. North Newport Center Design Regulations 16 32Ai11/6�10/28/Og Land Uses, Development Standards & Procedures Appendix — Design Regulations b. All buildings should be publicly accessible via a path or walkway from a public sidewalk. C. The crescent walk linking Block 400, Block 500 and Block 600 along Newport Center Drive and pedestrian connections to /in Fashion Island should be preserved and enhanced where feasible. Connections from the crescent walk into courtyards, plazas, and other gathering areas in Block 400, Block 500 and Block 600 should be provided where possible. d. Each sub -area should demonstrate an internal pedestrian network of walks and paseos that connect to the larger Newport Center pedestrian system. e. Strong pedestrian connectivity, reinforced by protected walkways and landscaping, should occur between Newport Center Drive and the retail core of Fashion Island. f. Amenities such as benches, plazas and other pedestrian- oriented facilities should be provided at pedestrian destinations. g. To promote the vitality of the public street scene, pedestrian bridges and tunnels which remove pedestrians from the street level are not allowed. It. New benches, street trees, directional signs, trash receptacles, and exterior lighting are encouraged in the public right -of -ways to reinforce pedestrian activity. i. Enhanced paving in crosswalks to highlight pedestrian pathways is allowed if it is compatible with the character of the existing development. Center Drive to Fashion Island Example of pedestrian amenities Example of pedestrian connectivity to the street (between 500 and 550 Newport Center Drive) Example of the crescent walk design framework North Newport Center Design Regulations 17 124120710128/09 1 Land Uses, Development Standards & Procedures Appendix — Design Regulations ment North Newport Center Design Regulations 18 1:2941840710/28/09 Land Uses, Development Standards & Procedures Appendix— Design Regulations Crescent Walk � Vehicular Circulation � Pedestrian Connection to Fashion Island North Newport Center Design Regulations 19 1211@!9710/28/09 Land Uses, Development Standards & Procedures Appendix — Design Regulations 2. Service and Emergency a. New commercial and residential development should promote efficient circulation for service and emergency vehicles. b. Major loading docks should be located away from front doors and from residential areas to separate service traffic from other traffic. C. Loading bays should be designed to minimize their visual prominence and any interference with pedestrian and vehicular flows. d. Turf -block may be used in landscape areas where fire access is necessary. e. Truncated domes should be a contrasting color, other than yellow, and should be coordinated with the paving material unless otherwise required by federal or state standards. Ia�hion Island loadin, +dock North Newport Center Design Regulations 20 321300770/28/09 Land Uses, Development Standards & Procedures Appendix— Design Regulations 3. Parking Lots a. Parking areas should not create a separation between adjacent land uses and buildings. b. Parking lots at new development should promote efficient circulation for vehicles and pedestrians. C. Convenient, well marked and attractive pedestrian access should be provided from parking lots to buildings. d. The use of permeable surfaces is encouraged. Pedestrian entrance from surface parking at 680 Newport Center Drive demonstrating flow from parking to building Well - defined pedestrian walkway in 500 1550 Newport Center Drive parking lot Well- defined walkway from Newport Center Drive into Fashion Island at San Nicolas North Newport Center Design Regulations 21 32/3@/97.10/28/09 Land Uses, Development Standards 8 Procedures Appendix — Design Regulations D: Orientation and Identity Intent The intent of the standards for orientation, identity, and safety is to ensure that new commercial and residential development promotes wayfinding for residents and visitors, strengthens North Newport Center's sense of place, and produces a safe environment. 1. Gateways and Entrances a. New development should respect existing entries and, if entry modifications are required, should integrate with the existing vehicular and pedestrian circulation system. b. Key landscape elements at the `landscape comers" should be retained. San Joaquin I IiIIs Road and Santa Cruz San Joaquin Hills Road and Santa Cruz North Newport Center Design Regulations 22 4214 RM7.•10 /28/09 Land Uses, Development Standards & Procedures Appendix — Design Regulations 2. View Corridors a. New development should preserve views of major retail tenants in Fashion Island from Newport Center Drive. b. New development should capture views of the ocean from windows and decks at new restaurants, offices, and residences, where feasible. Fashion Island major tenant visibility Fashion Island major tenant North Newport Center Design Regulations 23 7ZJS918Z1 28/09 Land Uses, Development Standards & Procedures Appendix— Design Regulations 3. Landmarks a. As appropriate, major new development may be positioned and designed to serve as a landmark within North Newport Center. b. Landmark elements may be included in building design to distinguish individual buildings and enhance wayfinding. North Newport Center Design Regulations 24 1:111.8.=10/28/09 Land Uses, Development Standards & Procedures Appendix — Design Regulations 4. Signage a. New development should have signs that promote identity and wayfinding. b. Signs should be designed to clearly communicate their messages. C. Signs should be designed to complement the architecture and landscape. d. Identification signs should be designed to convey the image of the project or business. e. Wayfmding signs should be unified within each sub -area. f. Simplicity and legibility are encouraged. g. Ample blank space around sign copy is encouraged. h. Animated signs visible from public streets are not allowed unless otherwise permitted by the Municipal Code. i. Signs may be internally - illuminated, halo- illuminated, externally- illuminated, or non - illuminated. j. Sign types A -K and their corresponding locations are shown on the following pages. Project identification sign Business identification sign NDRDSTROM OPENING 2010 Temporary signs mounted on North Newport Center Design Regulations 25 1214 SQ710 /28/09 Sign A — Large Cube or Blade Sign Existing Signs Block 100, 400, 500, 600, 800; and San Joaquin Plaza North Newport Center Land Uses, Development Standards & Procedures Appendix— Design Regulations Sign Al Sign: 13' -0" high; 12' -2" wide Letters: 15 inches high max. 0 - Id1M I}Yn 1. Sign A3 Sign: 11' -0" high; 12' -2" wide Letters: 15 inches high max. Symbol: 22 inches high ' —4 Sign AS Sign: 11'-0" high; 12' -2" wide Letters: 15 inches high max. Symbol: 22 inches high • NEWPORT CENTER lei , - -S. Sign A2 Sign: 1 t' -0" high; 12'-2" wide Letters: 15 inches high mac. Symbol: 22 inches high ,1 Sign AS Sign: 13' -0" high; 12'-2" wide Letters: 15 inches high max. test) North Newport Center Design Regulations 26 42441118710 /28/09 Sign B — Small Cube Sign B6 Sign: 5' -0" high; 5' -0" wide Letters: 5 inches high max. Numerals: 24 inches high max. Sign: 5' -0" high; 5' -0" wide Letters: 5 inches high max. Numerals: 24 inches high mac. Existing Signs Block 100, 400, 500, 600, 800; and San Joaquin Plaza North Newport Center Sign: 5' -0" high; 5'-O" wide Letters: 5 inches high max. Numerals: 24 inches high max. Land Uses, Development Standards & Procedures Appendix — Design Regulations rt� THE ISLAND HOTEL jM Sign B1 Sign: 5' -0" high; 5' -0" wide Letters: 9 inches high Sign B3 Sign: 5' -0" high: 5' -0" wide Letters: 5 inches high max. Numerals: 24 inches high max. Sign B2 Sign: 5'-0" high; 5' -0" wide Letters: 5 inches high max. Numerals: 24 inches high max. Sign S4 Sign: 5' -0" high; 5' -0" wide Letters: 5 inches high max. Numerals: 24 inches high max. North Newport Center Design Regulations 27 120 0(07110/28/09 Land Uses, Development Standards & Procedures Appendix— Design Regulations Sign C - Freestanding Signs Sign: Letters 5' -3" high: 11' -0' wide 11 inches high 1 CATEWAY PLAZA Sign C12 Sign: 4'4" high; 9'-6' wide Letters. 10 inches high max. Letters: Numerals: 6' -10" high; 6' -0" wide 5 inches high max. 11 inches high max. 4'4' high; 9'•6' wide 10 inches high max. Sign: Letters: 6' -2" high; 20'-6" wide 17 inches high max. Sign C14 Sign: 9' high; 4' -9' wide Letters: a inches high max Sign C10 Sign: 4' -2" high; 5' -0" wide Letters: 6 inches high max. Smoot : 13 inches high max. 9' high; 4' -9' wide 6 inches high max 4'4' high; 9' -3" wide 11 inches high max. Sign C4 Sign: 5' -3" high; 11' -0" w de Letters: 11 inches high Sign: 5' -3" high; 11' -0" wide Letters: 11 Inches high Sign C11 Sign: 4'4" high; 9'-8' wide Letters: 10 inches high max. Exishng Signs Block 100, 400.500, 600, 800; and San Joaquin Plaza North Newport Center North Newport Center Design Regulations 28 1 211&0710/28/09 Sign D — Landscape Walls Sign D7 location ..:sarf atA! li��x °T •OO PAGIiIC M[RCA1RIl[ Mx[ Sign D12 Letters: 11 inches high Numerals: 12 inches high ettrMrar�t W Sign D8 Letters: 15 inches high max. Il 1 Sign D9 location Land Uses, Development Standards & Procedures Appendix— Design Regulations '�• (� o`on y Sign D7 Letters: 37 inches high max. Sign D3 Letters: 35 inches high max. Sign D5 location Sign D10 Symbol: 17 inches high Sign D2 Letters: 35 inches high max. Sign D4 Letters: 15 inches high max. EM Sign D6 location 1"IffUll WdMAIiKV Sign D111 Letters: 18 inches high max. Symbol: 26 inches high Existing Signs Block 100, 400, 500, 600, 800; and San Joaquin Plaza North Newport Center North Newport Center Design Regulations 29 3211ZWI O/28/09 Sign E — Building Sign Sign F — Building Address Sign. Mounted directly on building face Letters: 24 inches — primary tenant 16 inches — secondary tenant Land Uses, Development Standards & Procedures Appendix— Design Regulations Sign F' Sign: Mounted directly on building face Letters: 24 inches • Photographs of sign types E and F provided for reference purposes. A full inventory of those signs is not provided herein. North Newport Center Design Regulations 30 'Or. :°rn�. 710/28/09 Land Uses, Development Standards & Procedures Appendix — Design Regulations Sign G — Freestanding Building Address Sign G1 Sign: 8' -0" high; 6' -0" wide Letters: 5 inches high max. Numerals 28 inches high Sign: 8' -0" high; 6' -0" wide Letters: 5 inches high max. Numerals 28 inches high Emsting Signs Block 100, 400, 500, 600, 800; and San Joaquin Plaza North Newport Center North Newport Center Design Regulations 31 12A W0710128/09 Land Uses, Development Standards & Procedures Appendix — Design Sign H — Advisory Signs Sign I — Drive Through Signs Sign: 4 feet high Letters: 15 inches high Photographs of sign types H and I provided for reference purposes. A full inventory of these signs is not provided herein. North Newport Center Design Regulations 32213816710/28/09 32 Land Uses, Development Standards 8 Procedures Appendix — Design Regulations Sign J — Apartment Leasing Signs Sign panel: 4' -0° high; 3' -0' wide (est.) Letters: 6 inches high max. (est.) Sign panel: 4' -0' high; 3' -0' wide (est) Letters: 6 inches high max. (est.) Existing Signs Block 100, 400, 500, 600, 800: and San Joaquin Plaza North Newport Center North Newport Center Design Regulations 33 12119=10128109 1 Sign K — Office Leasing 11" jam` 1: Sign K7 Sign: 5' -0" high; 5' -0" wide Letters: 7 inches high Numerals: 6.5 inches high n.. Sign K8 location Existing Signs Block 100, 400, 500, 600, 800; and San Joaquin Plaza North Newport Center Sign: 5' -0" high; 5'-0" wide Letters: 7 inches high Numerals: 6.5 Inches high Land Uses, Development Standards 8 Procedures Appendix — Design Regulations Sign K1 Sign: 5' -0" high; 5' -0' wide Letters: 7 inches high Numerals: 6.5 inches high Sign KS Sign: 5' -0" high; 5' -0" wide Letters: 7 inches high Numerals: 6.5 inches high F Sign K5 Sign: 5'-0" high; 5' -0" wide Letters: 7 inches high Numerals: 6.5 inches high Sign: 5' -0" high; 5' -0' wide Letters: 7 inches high Numerals: 6.5 inches high w Sign K2 Sign: 5' -0" high; 5' -0' wide Letters. 7 inches high Numerals: 6.5 inches high Sign K4 Sign: 5' -0" high; 5' -0" wide Letters: 7 inches high Numerals: 6.5 inches high Sign K6 location Sign K11 Sign: 5' -0" high; 5' -0" wide Letters: 7 inches high Numerals: 6.5 inches high North Newport Center Design Regulations 34 1201110710/28/09 Land Uses, Development Standards & Procedures Appendix — Design Regulations 5. Lighting a. The exterior lighting at new commercial and residential development should be compatible with and enhance the existing lighting of the sub -area. b. Light fixtures at walkways and parking lots should be coordinated in height, color, and style. C. Light fixtures should not cast off -site glare. d. Building walls may be illuminated by downlights and uplights; light sources should not be visible from public view. e. Tops of buildings may be highlighted with bands of light. f. Utilitarian light fixtures, such as floodlights and wallpacks, may only be used in service areas. g. Low sodium lighting is not allowed. h. ATM lighting shall conform to state code without causing offsite glare, such as through the use of bollards, tree lights, pole lights, and soffit lights, rather than floodlights and wallpacks. i. In pedestrian areas such as courtyards, plazas, and walkways, lighting fixtures should be pedestrian scale. Appropriate light bollard at Block 600 �I 1 i.. ■I Non -glare producing lights at North Newport Center Design Regulations 35 42148/47-10/28/09 1 Attachment No. CC 3 Draft revised Block 400 PC Development Plan BLOCK 400 PLANNED COMMUNITY DISTRICT Newport Center December 1983 Newport Beach, California Ordinance 88 -119 Adopted December 12, 1988 Amendment No. 672 Resolution No. 95 -115 Adopted October 9, 1995 Amendment No. 825 Resolution No. Adopted .2009 Amendment No. INTRODUCTION The Block 400 Planned Community District for the City of Newport Beach is a part of the Newport Center Development and is in conformance with the Newport Beach General Plan adopted in March 1983 and as amended The subject property, known as Block 400, consists of approximately 44.82 -11.92 acres and is adjacent to Newport Center Drive on the west, San Miguel Drive on the south, Avocado Avenue on the east and San Nicolas Drive on the north. The purpose of this Planned Community (PC) District is to provide for the Zoning Classification and Development of the subject property in accordance with the Development Standards set forth herein. Block 400 is the Newport Center Medical Building Complex consisting of 34 existing buildings (I 9 -story, 1 8- story and }2 7 -story with a One -Level parking structure adjacentj. The buildings contain commercial, professional, institutional, business office, medical and dental office, and support commercial uses ancillary to the office uses. The remainder of the site is divided between surface parking and landscaping with an area containing a parking deck. The General Site location and the land Use Plan for the subject property are set forth in Figure I O` S s 0 c- ca P co. ova , \ j ❑ Block 400 Planned Community \ / \I District FIGURE I - GENERAL SITE LOCATION SECTION L STATISTICAL ANALYSIS 1. Areas of Development: r,, a O ne- 11.924 Acres Ann T�e 4.096 Aere Tate) (A ppssj.\ 1 L 02 Aere 2. Area Summary: Gross Floor Area Building #1 (Existing) - 80,000 S.F. Building #2 (Existing) - 100,497 S.F. Building #3 (Existing) - 91,448 S.F. Building #4 (Existing) - 80,000 S.F. TOTAL 351,945 S.F. Percentage of Site Coverage Building Footprint - 100/6 Parking Area- 65% Landscape and Pedestrian Circulation - 25% B Area Twee Gress- Fleer,ttm ' TOTAL 88 173 S.F. Building- Fee1PFiR4 CA PaFking,kma 624 LandseapeandPedeswimCiFeulaiien 29R Intensity of Developed Areas: A. AFOa -F)ner Maximum Floor Area for Commercial, Professional, Institutional, Business and Medical Office Uses - 351,945 S.F. DTR-mrt! i. NO add iional Develepme"! shall be remitted Unless a Gefiefel P! Amendment md a Ske Development Plan we N% iawad and GPPFOVed by thE Got)' Q SECTION II. GENERAL NOTES L Water service to the Planned Community District will be provided by the City of Newport Beach. 2. Development of the subject property will be undertaken in accordance with the flood protection policies and requirements of the City of Newport Beach 3. Grading and erosion control provisions shall be carried out on all areas of the Planned Community in a manner meeting the approval of the Planning Director. 4. Except as otherwise stated in this Ordinance, the requirements of the Newport Beach Zoning Ordinance shall apply. The contents of this text notwithstanding, all construction within the boundaries of this Planned Community District shall comply with all provisions of the City of Newport Beach's Uniform Building Code and the various mechanical codes related thereto. 5. All puking lot lighting shall be subject to the review and approval of the Planning Director. 6. All mechanical appurtenances on building roof tops and utility vaults shall be screened from view in a manner meeting the approval of the Planning Director. 7. Prior to the issuance of grading permits for Block 40 such area shall be examined to determine the existence and extent of archaeological and paleontological resources in accordance with adopted policies of the City of Newport Beach. 8. Building No. 4 in-Aree- one-shall be subject to the issuance of a Use Permit. 9. Sewage disposal service facilities to the Planned Community District will be provided by Orange County Sanitation District No. 5. 10. Building No. 4 shall pay its "fair -share" of Circulation Systems Improvements for the ultimate circulation system prior to the issuance of any building and/or grading permits. 11. Building No. 4, prior to the issuance of any building and/or grading permits, shall deposit with the EIR Finance Director the sum proportional to the percentage of future additional traffic related to said building in the subject area, to be used for the construction of a sound attenuation barrier on the southerly side of West Coast Highway in the West Newport, and in the Irvine Terrace, and in the Jamboree Road areas. SECTION III. Area Qeei COMMERCIAL, PROFESSIONAL, INSTITUTIONAL, BUSINESS AND M EDICAL OFFICES L Intent: The intent in development of Area -O Blmk 400 is to permit the location of Commercial, Professional. Institutional, Business and Medical and Dental Office uses and a limited amount of commercial support activities involving sales to the general public of products related to the operation and use of such office facilities. 2. Permitted Uses: A. Administrative, Professional, Institutional, Financial, Business, Medical and Dental Offices. B. Retail Sales and Services of a convenience nature, ancillary to the operation and use of the office facilities, located on the first floor of the buildings. Examples of such uses include without limitation pharmacy, optical, surgical and orthopedic supply, hearing aid sales, dental or clinical laboratory, medical accounting business, telephone answering service, barber shop, tobacco store, card shop, confectionery and newspaper stands. C. Medical Clinic D. Parking Lots, Structures and Facilities. E. Restaurants, bars and theater /nightclubs subject to the approval of a use permit. 3. Building Location: All buildings shall be located in substantial conformance with this Ground Level plans (Figure 11) and Parking Deck Level plan (Figure III). 4. Building Height: Building No. 4 shall be limited to a maximum height of 113' -6" above approved finished floor elevation as shown on the grading plan to be prepared in accordance with the provisions of paragraph 12 of this Section. 5. Signs: A. Building Address Sign. Building address numerals and street name shall be a maximum of two (2) feet in height. Building address signs for Building No. 4 shall be located on the east and west elevations on the sign band at the First Level and shall conform to the signage on existing buildings No. 3 and No. 4. B. Project Identification Signs. Monument Signs identifying the entire complex contained in Ana -ORe 0 Block 400 Planned Community District are proposed in four - Btwo 2 locations: a) Newport Center Drive in landscaping in front of Building No. 1. b) San Miguel Drive in landscaping just east of Building No. 4. a) Aveeade Avenue landseap ng sataheas! end of Building Na. 2—. ii. Project identification signs shall be of a standard type to be constructed according to criteria famished by the Irvine Company and approved by the Planning Director. C. Tenant Identification Signs. Tenant identification signs are divided into three (3) categories which are: Regular Tenant ii. Major Tenant iii. Special Category Tenant The above mentioned signs are oriented to a standard legibility scale for pedestrian and vehicle recognition, and will be designed and constructed in accordance with the Newport Center criteria of the Irvine Company. 6. Sign Standards: A. Signs (to include all those visible from the exterior of any building) may be lighted but not signs or any other contrivance shall be devised or constructed so as to rotate, gyrate, blink, or more in any animated fashion. B. Signs shall be restricted to advertising only the person, firm, company or corporation operating the uses conducted on the subject property. 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 Flush mounted and located on the sign panel above the first level. 7. Parking: Adequate off -street parking shall be provided Ito accommodate the parking needs for the development of Block 40 . The intent is to eliminate the need for any on -street parking. Required off -street parking shall be provided on the site of the use served, or on a common parking area in accordance with applicable off-street parking requirements of the City of Newport Beach Zoning Ordinance. On -Site parking spaces for all uses in Area One will not exceed a maximum of the number required by the City of Newport Beach zoning Ordinance, provided that a maximum of twenty-five percent (25 %) and two percent (2 0/6) respectively, of such total parking spaces may be limited to use for compact cars and for handicapped persons respectively, upon approval of parking plan approved by the Planning Director and City Traffic Engineer. The requirement for parking supporting a medical office use shall be 3.5 parking spaces per 1,000 s.f. of Gross Building Area. 8. Landscaping: Detailed landscaping and irrigation plans, prepared by a licensed landscape architect or architect, shall be reviewed by the Director of Parks, Beaches and Recreation. All landscaping referred to in this paragraph shall be maintained in a neat and orderly fashion. A. Screening. Areas used for parking shall be screened from view or have the view interrupted by landscaping, and/or fencing from access streets and adjacent properties. Plant materials used for screening purposes shall consist of lineal or grouped masses of shrubs and/or trees. B. Landscaping - Vehicle Separation. All landscaped areas shall be separated from adjacent vehicular areas by a wall or curb, at least six (6) inches higher than the adjacent vehicular area. C. Parking Areas. Trees, equal in number to one (1) per each seven (7) surface parking stalls shall be provided in the parking area of Area -O Block 400. 9. Loading Areas: Streetside loading shall be visually screened from view from access streets and adjacent property. Said screening shall form a complete opaque screen. 10. Refuse Collection Areas: A. All outdoor refuse collection areas shall be visually screened from access streets and adjacent property. Said screening shall form a complete opaque screen. B. No refuse collection area shall be permitted between a frontage street and the building line. 11. Telephone, Gas and Electrical Service: All "on- site" gas lines, electrical lines and telephone lines shall be placed underground. Transformer or terminal equipment shall be visually screened from view from streets and adjacent properties. 71 FIGURE II- GROUND LEVEL PLAN F=W41 PARKING DECK LEVEL PI.AM I W 111104CId Bldg. FIGURE III - PARKING DECK LEVEL PLAN Attachment No. CC 4 Draft revised Block 800 PC Development Plan BLOCK 800 PLANNED COMMUNITY DISTRICT NEWPORT CENTER Newport Beach, California Adopted April 23, 1979, Ordinance No. 1799 Amended October 13, 1981, Resolution No. 11065 Amended January 23, 1984, Resolution No. 84 -8 Amended February 9, 1987, Resolution No. 87 -23 Amended August 24, 1992, Resolution No. 92 -91 Amended October 9, 1995, Resolution No. 95-115 Amended . 2009. Resolution No. TABLE OF CONTENTS BLOCK 800 PLANNED COMMUNITY DISTRICT Page Introduction I Section I Statistical Analysis - Block 800 Planned Figure III Community District 4 Section 11 General Notes 5 Section III Commercial, Professional, Institutional and Business Offices 6 List of Figures Figure I Land Use Plan 2 Figure II Vicinity Map 3 Figure III Plaza Level Plan 7 Figure IV Ground Level Plan 8 ii INTRODUCTION The Block 800 Planned Community District for the City of Newport Beach is a part of the Newport Beach Center Development and is in conformance with the Newport Beach General Plan adopted in December, 1973, and as amended. The subject property, known as Block 800, consists of approximately 4-7411 acres and is adjacent to Newport Center Drive on the east, Santa Barbara Drive on the south, San Clemente Drive on the west and an existing private road lying adjacent to the Pacific Mutual Life Insurance Company building in Block 700 on the north. The purpose of this Planned Community (PC) District is to provide for the zoning classification and development of the subject property in accordance with the development standards set forth herein. The first--Block 800ama -of development is will- be -feHhe Pacific Mutual Plaza which w4konsists of two seven story buildings containing commercial, professional, institutional and business office uses, support commercial uses ancillary to the office uses, a restaurant, landscaping, surface parking and deck parking. The seeeed The general site location and land use plan for the subject property are set forth in Figure 1. i San Clemente Drive O ro M c Ae i vf -� Block 800 Planned Community © u Distinct Figure I — LAND USE PLAN Ne� /c \o 2 San Joaquin 0 o^ 0 " Block 500 Planned Community Figure 1 - Land Use Designations BLOCK 800j PLANNED COMMUNITY DISTRICT �l1 Fi;ure 11 — VICINITY MAP SECTION I: STATISTICAL ANALYSIS Areas of Development Total Area: 47-.4-11.0 acres Area Onei 11.0 aeFe5- 2. Percentage of Site Coverage 1) Building Footprint: 10% 2) Parking Areas: 45% 3) Landscape and Pedestrian Circulation: 45% B. Area Two 3. Intensity of Developed Areas 1) Maximum floor area for commercial, professional, institutional, and - business office and restaurant uses: 286.166 so. ft. 291,599 gress sq. ft. zcconn ..,. A+ 2) Maximum floor area for restaurant facility 13,200 gross sq. ft. (6,000 sq. ft. net public area)2 Calculation based on applicable definitions in City of Newport Beach Zoning Ordinance. 'Calculations based on applicable definitions in City of Newport Beach Zoning Ordinance. SECTION II: GENERAL NOTES 1. Water service to the Planned Community District will be provided by the City of Newport Beach. 2. Sewage disposal service facilities to the Planned Community District will be provided by Orange County Sanitation District No. 5.3 3. Development of the subject property will be undertaken in accordance with the flood protection policies and requirements of the City of Newport Beach. 4. Grading and erosion control provisions shall be carried out on all areas of the Planned Community in a manner meeting the approval of the Director of Community Development. 5. Except as otherwise stated in this Ordinance, the requirements of the Newport Beach Zoning Ordinance shall apply. The contents of this text notwithstanding, all construction within the boundaries of this Planned Community District shall comply with all provisions of the City of Newport Beach's Uniform Building Code and the various mechanical codes related thereto. 6. All parking lot lighting shall be subject to the review and approval of the Director of Community Development. Parking lot lighting an l.rea One shall be designed in a manner so as to minimize impacts on adjacent residential uses inArva Twe. All mechanical appurtenances on building roof tops and utility vaults shall be screened from view in a manner meeting the approval of the Director of Community Development. 8. Prior to the issuance of grading permits for Mee Ofte or Area Two Fespeetively,-aush area Block 800 shall be examined to determine the existence and extent of archaeological and paleontological resources in accordance with adopted policies of the City of Newport Beach. 9. Grease interceptors shall be installed on all fixtures where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code. 3 It is anticipated that sewage disposal services to Area One of the Planned Community District will be provided by connection to sewer facilities under Newport Center Drive. In the event such sewer disposal services are provided to Area One by connection to sewer facilities under Jamboree Road, no improvements in Area One shall be occupied until contracts are entered into by Orange County Sanitation District No. 5 for the improvement and expansion of such facilities under Jamboree Road. SECTION III: — COMMERCIAL, PROFESSIONAL, INSTPPUTIONAL AND BUSINESS OFFICES. Intent The intent in development of Block 800 is to permit the location of commercial, professional, institutional and business office uses, a restaurant and a limited amount of commercial support activities involving sales to the general public of products related to the operation and use of such office facilities. 2. Permitted Uses A. Administrative, professional, institutional, financial and business offices. B. Retail sales and services of a convenience nature ancillary to the operation and use of the office facilities located on the first floor of the buildings. Examples of such uses include without limitation tobacco store, card shop, confectionery and newspaper stands. C. Restaurant, bar and theater/nightclub (Subject to use permit) D. Parking lots, structures and facilities. E. Car Wash 1. All drainage shall be into the sanitary sewer system. 2. This service shall be for building tenants and patrons of the Ritz Restaurant only. 3. Building Location All buildings shall be located in substantial conformance with the Ground Level Plan (see figure 11 and Plaza Level Plan (see figure III). 4. Building Height All buildings shall be limited to a maximum eight of 125 feet above approved pad elevation as shown on the grading plan prepared in accordance with the provision of paragraph 12 of this Section. 2 REQUIRED 1003 Care PACIFIC MUTUAL PLAZA ruL \xYR 4M � ANN "Som,r n..or +W' rwry �i Figure III — PLAZA LEVEL PLAN 7 No anouxo Yx (�J'1 Wixoxa Assoc PACIFIC MUTUAL G,L AZ 1 I Figure IV — GROUND LEVEL PLAN 5. Signs A. Building Address Sign. Building address numerals shall be a maximum of two (2) feet in height. Building address numerals shall face Newport Center Drive (and/or pedestrian walkways in the case of necessity) and will be located on the building in an area most conveniently adjacent to or at the main entrance to any building. Building address numerals shall be of a form consistent with surrounding identification signing. B. Building Identification Sign. Building Identification is allowed at the following three (3) locations within Area- One e€ the Block 800 Planned Community District: (a) Frontage on Newport Center Drive (b) Frontage on Santa Barbara Drive (c) Frontage on the private street between Block 800 and Block 700 of Newport Center. 2. Building Identification is permitted in form of hedge signing. 3. Building Identification signs shall be of a standard type to be constructed according to criteria furnished by :Me Irvine Company and approved by the Planning Director. C. Tenant Identification Signs. Tenant identification signs are divided into three (3) categories which are: Regular Tenant 2. Major Tenant 3. Special Category Tenant The above mentioned signs are oriented to a standard legibility scale for pedestrian and vehicle recognition, and will be designed and constructed in accordance with the Newport Center Signing Criteria of the Irvine Company. 6. Sign Standards A. Signs (to include all those visible from the exterior of any building) may be lighted but no signs or any other contrivance shall be devised or constructed so as to rotate, gyrate, blink or move in any animated fashion. B. Signs shall be restricted to advertising only the person, firm, company or corporation operating the uses conducted on the subject property and to designating the overall development in Afea -A Block 800 as Pacific Mutual Plaza. 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 flush mounted. Parking Adequate off - street parking shall be provided en— Area -Qw-to accommodate the parking needs for the development of Area OneBlock 800. The intent is to eliminate the need for any on- street parking. Required off -street parking shall be provided on the site of the use served, or on a common parking area in accordance with applicable off -street parking requirements of the City of Newport Beach Zoning Ordinance. On site parking spaces for all uses in AM& QneBlock 800 will not exceed a maximum of the number required by the City of Newport Beach Zoning Ordinance. 8. Landscaping Detailed landscaping and irrigation plans, prepared by a licensed landscape architect or architect, shall be reviewed by the Director of Parks, Beaches and Recreation and the Public Works Department. All landscaping referred to in this paragraph shall be maintained in a neat and orderly fashion. A. Screening. Areas used for parking shall be screened from view or have the view interrupted by landscaping, and/or fencing from access streets, and adjacent properties. Plant materials used for screening purposes shall consist of lineal or grouped masses of shrubs and/or trees. Landscaping along streets and at drive entrances shall be designed to provide sight distance per City Standard Drawing 110 -L unless otherwise approved by the City Traffic Engineer. B. Landscaping - Vehicle Separation. All landscaped areas shall be separated from adjacent vehicular areas by a wall of curb, at least six (6) inches higher than the adjacent vehicular area. C. Parking Areas. Trees, equal in number to one (1) per each five (5) surface parking stalls and/or parking stalls located on the upper deck of a parking structure shall be provided in the parking areaoft-Area-Ane in Block 800. 9. Loading Area Street side loading shall be visually screened from view from access streets and adjacent property. Said screening shall form a complete opaque screen. 10. Refuse Collection Area A. All outdoor refuse collection areas shall be visually screened from access streets and adjacent property. Said screening shall form a complete opaque screen. B. No refuse collection area shall be permitted between a frontage street and the building line. 11. Telephone, Gas and Electrical Service All "on site" gas lines, electrical lines and telephone lines shall be placed underground. Transformer or terminal equipment shall be visually screened from view from streets and adjacent properties. 10 12. Grading Grading of Afea-0r*Block 800 shall be conducted and undertaken in a manner both consistent with applicable grading standards and ordinances of the City of Newport Beach and in accordance with a grading plan to be approved by the Director of Community Development. ' Skilled care uses shall be subject to a Use Permit reviewed and approved by the City of Newport Beach. 12 13 .. .. MITI IN 13 Attachment No. CC 5 Draft revised Newport Village PC Development Plan NEWPORT VILLAGE PLANNED COMMUNITY TEXT Amendment No. 594 City Council Ordinance 83 -27 October 24, 1983 Amendment No. 728 City Council Resolution No. 92 -4 January 13, 1992 Amendment No. 729 City Council Resolution No. 92 -5 January 13, 1992 Amendment No. 746 City Council Resolution No. 92 -6 January 13, 1992 Amendment No. 835 City Council Resolution No. 95 -130 November 27, 1995 Amendment No. City Council Resolution No. .2009 CONTENTS INTRODUCTION Page 1 SECTION I. Statistical Analysis Page 2 SECTION II. General Notes Page 3 SECTION III. Governmental/Institutional (Areas 1 and 4) Page 5 SECTION IV. Open Space (Areas 2 and 3) Page 7 SECTION V. Retail (Area 5) Page 8 APPENDIX Page 19 EXHIBITS Land Use Plan, Exhibit A Page 20 Signage Plan, Exhibit B Page 21 ii The Newport Village Planned Community District, a portion of the Newport Center planning area, has been developed in accordance with the Newport Beach General Plan. The purpose of this Planned Community is to provide a method whereby property may be classified and developed for retail, governmental, institutional, and open space uses. The specifications of this district are intended to provide land use and development standards supportive of the development proposal contained herein while insuring compliance with the intent of all applicable regulatory codes. (A594) Whenever the regulations contained herein conflict with the regulations of the Newport Beach Municipal Code, the regulations contained herein shall take precedence. The Municipal Code shall regulate this development when such regulations are not provided within these district regulations. All development within the Planned Community boundaries shall comply with all provisions of the Uniform Building code and various mechanical codes related thereto. Page I SECTION I. STATISTICAL ANALYSIS Newport Village DEVELOPMENT LAND USE AREA ACRES UNITS Governmental /Institutional/Retail Transit Facility 1 2.40 - -- Library 4 4.0 65,000 sq.ft. Retail 5 10.0 100,000 sq.ft. SUB TOTAL 16.4 170,000 sq.ft. Open Space park' 2,3 17.3 4 acre public TOTAL 33.73 ' A 4 acre public park is contemplated by the General Plan in the area north of the Library site and south of San Miguel Drive (Area 3). Page 2 SECTION II. GENERAL NOTES Project Description The Planned Community District encompasses 33.43 acres. 10 acres are designated for retail use and 6.40 acres are designated for governmental /institutions use. 17.3 acres are designated for open space use, including a 4 -acre public park. 2. Water Service Water within the Planned Community area will be furnished by the City of Newport Beach. 3. Sewage Disposal Sewage disposal facilities within the Planned Community will be provided by Orange County Sanitation District No.5. Prior to the issuance of any building permits, it shall be demonstrated to the satisfaction of the Planning Department that adequate sewer facilities will be available. Prior to the occupancy of any structure it shall be further demonstrated that adequate sewer facilities exist. 4. Gradine and Erosion Grading and erosion control shall be carried out in accordance with the provisions of the City of Newport Beach Grading Ordinance and shall be subject to permits issued by the Building and Planning Departments. 5. Screenine All mechanical appurtenances on building roof tops and utility vaults shall be screened from view in a manner compatible with the building materials; and noise associated with said noise generators shall be attenuated to acceptable levels in receptor areas. The latter shall be based upon the recommendations of a qualified acoustical engineer, and be approved by the Planning Department. 6. Archaeological/Paleontological Prior to the issuance of grading permits, the site shall be examined to determine the existence and extent of archaeological and paleontological resources in accordance with adopted City policies. 7. Any fire equipment access shall be approved by the Fire Department. 8. The final design of on -site pedestrian and bicycle circulation in any tract shall be reviewed and approved by the Public Works Department and the Planning Department. 9. All buildings shall meet Title 24 requirements. Design of buildings shall take into account the location of building air intake to maximize ventilation efficiency, the incorporation of natural ventilation, and implementation of energy conserving heating and lighting systems. 10. Water conservation design features shall be incorporated into building construction. 11. Exposed slopes, if any, shall be stabilized as soon as possible to reduce erosion. 12. Public or private streets shall meet City standards. Page 3 13. The maximum height of all buildings shall be forty-five (45) feet and shall be measured in accordance with the Newport Beach Municipal Code, except that no building shall extend higher than the extension of the plane established by Ordinance No. 1596 for Corporate Plaza. 14. Crown Drive will not be extended across MacArthur Boulevard. 15. Harbor View Drive shall not be extended across MacArthur Boulevard. 16. All utilities shall be underground. Page 4 SECTION M. GOVERNMENTAL AND INSTITUTIONAL (AREAS 1 and 4) A. Permitted Uses Transit Facility (Area 1), including parking of Orange County Transit District buses and vehicles, bus shelter structures, including restrooms, and public parking. 2. Public Library (Area 4), including appurtenant facilities such as public meeting rooms. 3. Signs in accordance with the City of Newport Beach Municipal Code. B. Uses Requiring a Use Permit 1. Restaurants. 2. Retail uses such as gift shop, book store. C. Development Standards Floor Area and Development Limits. The total floor area shall be as provided in Section I Statistical Analysis, consistent with the Newport Beach General Plan. 2. Building g ei0t. Buildings shall be subject to the height regulations specified in Section 20.87.205 of the Newport Beach Municipal Code, except that no building shall extend higher than the extension of the sight plane established by Ordinance No. 1596 for the Corporate Plaza Planned Community. 3. Setback Requirements. The following building setback requirements, measured from the property line, shall apply: Avocado Avenue 20 feet Coast Highway 40 feet MacArthur Boulevard 40 feet San Miguel 20 feet 4. Off - Street Parking. Off - street parking shall be provided on -site in surface lots or in parking structures. Parking for the transit facility shall be in accordance with Use Permit No. 3286. Parking for public library shall be provided at a ratio of one parking space for each 250 square feet. The design and layout of all parking areas and loading areas shall be subject to the review and approval of the City Traffic Engineer and the Public Works Department. 5. Lighting. Lighting of building interiors and exteriors and parking lots shall be developed in accordance with City Standards and shall be designed and maintained in a manner which minimizes impacts on adjacent land uses including Harbor View Hills. Nighttime lighting shall be limited to that necessary for security and shielded from any adjacent residential area. The plans for lighting shall be prepared and signed Page 5 by a licensed electrical engineer, and shall be subject to review and approval of the City Planning Department. 6. Landscaoina. A minimum of 5% of the paved surface parking areas shall be devoted to planting areas. A landscaping program shall be reviewed and approved by the Parks, Beaches and Recreation Department, and the Planning and Public Works Departments. In no case shall any landscaping penetrate the Sight Plane established by Ordinance No. 1596 for Corporate Plaza. Page 6 SECTION IV. OPEN SPACE (AREAS 2 and 3) A. Permitted Uses Open Space, including public parks. B. Development Standards As provided by Chapter 20.52, Open Space District, of the Newport Beach Municipal Code. Page 7 SECTION V. RETAIQ. (AREA 5) A. I[1ZN:v Y COX Area 5 (aka Corona del Mar Plaza) is located at the northwest comer of East Coast Highway and MacArthur Boulevard within the area defined as Newport Center as shown on the Planned Community Development Plan. INTENT It is intended that Area 5 be developed as a specialty retail commercial center. These regulations will permit a broad range of commercial uses appropriate to a retail commercial center. These uses include retail uses, restaurants, and uses which are service in nature. Bar -The term "bar" shall mean a place of business with the principle purpose to sell or serve alcoholic beverages for consumption on the premises and may include live entertainment and/or dancing as accessory uses to the primary sale and service of alcoholic beverages, provided further that such live entertainment and /or dancing shall occupy less than twenty percent (20 %) of the "net public area." Gross Floor Area -Gross floor area is the area included within the walls of the building, exclusive of mechanical shafts and related appurtenances. The floor area shall also include the areas which are defined by planters, awnings, shade structures, fences or rails and are for the exclusive and permanent use for display or seating by a use permitted by this text. Exterior covered walkways between or in front of retail buildings shall not be included in gross floor area. Restaurant -The term "restaurant" shall mean a place of business with the principal purpose to sell or serve food products and beverages for consumption on the premises within a building consisting of a permanent structure that is fully enclosed with a roof and walls, and where incidental dining to the extent of not more than 25% may be permitted out -of -doors on a patio, deck or terrace that is integrated into the building design, and where the area devoted to live entertainment and/or dancing does not exceed twenty percent (20 %) of the "net public area. ". 1. Retail stores, including clothing store, bakeries, bookstores, food shops, pet stores, shoe shops, candy shops, card shops, florists, record stores, audio and video stores, camera shops, luggage stores, furniture stores, art galleries, jewelry stores, athletic stores, china and gift shops, specialty food service, specialty stores and other uses which are of similar nature. Page 8 2. Personal services establishments, including barber shops, beauty parlors, tailor shops, opticians, dry cleaning establishments (with plant on site, subject to the requirements included in these development standards), postal service facilities, enclosed bicycle storage lockers and other uses which are of a similar nature. 3. Outdoor sales establishments, carts and kiosks, and outdoor special events and structures, subject to the approval of the Planning Director. 4. Temporary structures and uses. Regulations are as specified in the Newport Beach Municipal Code. 5. Office uses, only when such offices are ancillary to a permitted use located in the complex (Area 5). B. SITE PLAN REVIEW REOUIRED A site plan review shall be approved by the Planning Commission and the City Council, for the siting of buildings, setbacks, landscaping and other development standards, in accordance with the Newport Beach Municipal Code site plan review procedure; prior to issuance of any building permits. Minor changes made after or during construction, but in substantial conformance with the original plans approved by the Planning Commission and the City Council, shall be reviewed and approved by the Planning Director. C. USES REQUIRING A USE PERMIT The following uses shall be permitted subject to the securing of a use permit in each case: 1. Bars and restaurants, other than a use which can be categorized as a "Specialty Food Service" use as defined in Title 20 of the City of Newport Beach Municipal Code. 2. Drive -in facilities (excluding food uses). 3. Uses as specified in the RSC District of Chapter 20.33 (more specifically, Table 20.33, exclusive of arcades, recreational establishments; and drive -in, take -out restaurants) of the Newport Beach Municipal Code, unless otherwise permitted by these planned community regulations. D. DEVELOPMENTSTANDARDS 1. Floor Area and Development Limits: The total gross floor area permitted, shall not exceed 105,000 gross feet. Of this floor area limitation a maximum of 15% (15,750 sq.ft.) may be devoted to restaurant uses (including bars and restaurants). Outdoor areas which are defined by fences or rails and are for the exclusive and permanent use for display or seating by a retail or food use shall be calculated as floor area, except as otherwise permitted by the Newport Beach Municipal Code. Incidental outdoor seating, covered or uncovered, which is not for the exclusive use of any retail or restaurant establishment shall not be calculated as floor area as entitled by this section. Loading docks, covered trash areas, common electrical/utility rooms shall not be calculated as floor area as entitled by this section. Page 9 2. Building Height: Buildings shall be subject to the height regulations specified in Section 20.87.205 of the Newport Beach Municipal Code, except that no building shall extend higher than the extension of the Sight Plane established by Ordinance No. 1596 for the Corporate Plaza Planned Community. 3. Setback Requirements: The following building setbacks shall be maintained from the streets with dimensions measured from the property lines: Avocado Avenue 20 feet East Coast Highway No Setback MacArthur Boulevard 35 feet with the following projections: a. The MacArthur Boulevard setback shall be reduced to 15 feet for a distance of 135 feet as measured along the MacArthur property line northerly from the intersection of the prolongation of the property lines of MacArthur Boulevard and East Coast Highway. b. The MacArthur Boulevard setback shall be reduced by the width of the required acceleration and deceleration lanes resulting from the MacArthur access (if entitled), with a maximum reduction of 15 feet. The reduced setback shall be limited to the length of the combined acceleration and deceleration lanes as approved by the City Traffic Engineer. No setbacks are required from any internal parcel lines, except as may be required by the Building Code. 4. Off - Street Parking: A minimum of 4.9 off - street parking spaces for every 1,000 square feet of gross floor area for Area 5 (Corona del Mar Plaza) shall be provided on -site for all uses, including food service uses (includes required parking for bars, restaurants, and specialty food service uses). Parking stall size shall be in accordance with City of Newport Beach Standards unless otherwise approved by the City Traffic Engineer. 5. Lighting: Parking lot lighting shall be developed in accordance with City standards and shall be designed in a manner which minimizes impacts on adjacent land uses. The plans shall be prepared and signed by a licensed electrical engineer; with a letter from the engineer stating that this requirement has been met. The lighting plan shall comply with the following criteria: Parkin Lot of Lighting Design: Type of Light Combined high pressure sodium and metal halide Pole Height 25 feet maximum, in no case shall the pole height extend higher than the extension of the sight plane established by Ordinance No. 1596 for the Corporate Plaza Planned Community. Light Intensity Minimum one (1) footcandle per the City of Newport Beach Police Department. Page 10 Direction of Light Down only. Visible Light Source The light source for each luminaire shall not be visible above the horizontal plane. Buildine Liehtin¢ Design: Type of Light Down lighting in arcades and along sidewalks will use a combination of incandescent and fluorescent sources. Perimeter building lights will use a combination of incandescent and high pressure sodium sources. Visible Light Source The light source for each luminaire shall be directed away from adjacent properties and not visible from beyond the project site. 6. Restaurants: All bars, restaurants, including specialty food uses shall be subject to the following requirements. a. Parking shall be provided as specified in these development standards, more specifically in Section V, (D) 4. b. Kitchen exhaust fans are required and shall be designed to control odors and smoke, unless otherwise approved by the Newport Beach Building Department. C. A washout area or areas is /are required and shall be provided in such a way as to insure direct drainage into the sewer system and not into the bay or the storm drains, unless otherwise approved by the Newport Beach Building Department. d. Grease interceptors shall be installed on all fixtures in any restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code, unless otherwise approved by the Newport Beach Building Department and Public Works Department. Grease interceptors shall be located in such a way as to be easily accessible for routine cleaning and inspection. 7. Dry Cleaning Facilities: All dry cleaning facilities shall be subject to the following requirements: a. Any boilers shall be isolated in accordance with the requirements of the Uniform Building Code. b. The use of chemicals shall be reviewed and approved by the Fire Prevention Bureau. C. There shall be no outside storage of materials, supplies or other paraphernalia. d. The proposed dry cleaning equipment shall be installed and operated in conformance with the requirements of the South Coast Air Quality Management District. Page 11 8. Landscaping: A minimum of 5% of the paved surface parking areas shall be devoted to planting areas. In no case shall any landscaping penetrate the Sight Plane established by Ordinance No. 1596 for the Corporate Plaza Planned Community. E. SIGNS 1. Definitions: The following terms used w this section shall have the meanings indicated below: a. Anchor Tenant. The term "Anchor Tenant" means a store having a minimum of twenty thousand (20,000) square feet of floor space, which is located within or between other commercial buildings. b. Audible Signs. The term "Audible Sign" means any sign which uses equipment to communicate a message with sound or music. C. End Cap Tenant. The term "End Cap Tenant' means a store having three building elevations with a minimum of four thousand (4,000) square feet of floor area. d. Building Elevation. The term "Building Elevation" means the exterior wall surface formed by one (1) side of the building. e. Eye Level. The term 'Bye Level' means at the height of five (5) feet measured from grade. f. Freestanding Commercial. The term "Freestanding Commercial' means any building with a commercial use which is separated from other commercial uses by parking and/or streets. g. Major Tenant. The tern "Major Tenant' means a store or restaurant having a minimum of eight thousand (8,000) square feet of floor space, which is located within or between other commercial buildings. h. Monument Sign. The term "Monument Sign" means any sign that is supported by its own structure and is not part of or attached to any building. i. Sign. The term "Sign" means any media, including their structure and component parts which are used or intended to be used out -of doors to communicate information to the public. j. Sign Area. The term "Sign Area" means the area enclosed by a rectangle drawn around the wording, numbers or images composing the sign. k. Sign Face. The term "Sign Face" means the physical plane and/or surface upon which the wording or images are applied. 1. Sign Letter. The term "Sign Letter" means the individual symbols of the alphabet used in forming the words of a message. m. Tenant Sign. The term "Tenant Sign" means any permanent sign of an establishment which is located on or attached to the storefront elevation, covered walkway or awning for the purpose of communicating the name of the tenant. Page 12 2. n. Temporary Signs. The term "Temporary Sign" means any sign, banner, pennant, valance or advertising display constructed of cloth, canvas, plywood, light fabric, cardboard, wallboard or other light materials, with or without frames, intended to be displayed for a limited period of time. Permitted Signs Subsection 1 -Site Identification Signage a. Shopping Center Identification Signs: In addition to other signs permitted by this section, monument signs identifying the shopping center and tenants are permitted at the vehicle entry on MacArthur Boulevard, the vehicle entry on Avocado Avenue, the intersection of East Coast Highway and Avocado and the projects main pedestrian entrance from East Coast Highway. The location of the signs shall be approved by the City Traffic Engineer to ensure adequate sight distance. The sign area of each sign is as follows: MacArthur Boulevard Entrance Maximum Sign Area 100 Square Feet Maximum Sign Height 8 feet Identification Name of Shopping Center, Logos and Tenant names Maximum Letter Height Shopping Center Identification -24" Tenant Identifications -12" Letter StylelIllumination Shopping Center Identification and Logo shall be individual letters either spot lit or reverse channel halo lit. Tenant Identification shall be individual letters similarly lit or routed out letters backlit in an opaque background. Avocado Avenue Entrance Maximum Sign Area Maximum Sign Height Identification Maximum Letter Height Letter Style/Illumination 100 Square Feet 8 feet Name of Shopping Center, Logos and Tenant names Shopping Center Identification -24" Tenant Identifications -12" Shopping Center Identification and Logo shall be individual letters either spot lit or reverse channel halo lit. Tenant Identification shall be individual letters similarly lit or routed out letters backlit in an opaque background. Intersection of East Coast Highway & Avocado Avenue Maximum Sign Area 120 Square Feet Maximum Sign Height 10 feet Page 13 Identification Name of Shopping Center, Logos and Tenant names Maximum Letter Height Shopping Center Identification -24" Tenant Identifications -12" Letter Style/Illumination Shopping Center Identification and Logo shall be individual letters either spot lit or reverse channel halo lit. Tenant Identification shall be individual letters similarly lit or routed out letters backlit in an opaque background. Main Pedestrian Entrance from East Coast Highway An arch or pedestrian gateway shall be allowed at the main pedestrian entry off of East Coast Highway, subject to review and approval of the City of Newport Beach Modification Committee. The arch may be freestanding between buildings or may span and connect to the buildings. The project name and project logo may appear on the gateway as individual letters spot lit or reverse channel halo lit. b. Library Link Feature: Sculptural or decorative elements may be used to help define the pedestrian link between the project and the library. C. Graphic Light Sconce: Feature light sconces shall be used to create pedestrian scale and character. Sconces shall either be intemally or indirectly lit to back light graphic patterns that may contain elements of the project logo. d. Project Directory: No more than three (3) project directories may be located near the major pedestrian intersections of the project. Directories will consist of a site map and a listing of project tenants. Maximum width of the directory shall be four feet (4') and the maximum height shall be eight feet (8'). Directory may be intemally illuminated. Subsection 2 -Tenant Identification Signaee a. Tenant Signaee: In addition to other signs permitted by this section, signs identifying the major tenants are permitted on the exterior walls or parapets of the building which they occupy. Within this category, one (1) sign per building elevation is permitted, unless noted otherwise. However, more than one (1) wall sign per Tenant is permitted on the same elevation, if the aggregate sign area of all signs for the same Tenant on the same elevation is equal to or less than the maximum permitted sign area. Tenant sign criteria is segregated into zones based on their proximity and sensitivity to adjacent residential communities. 1. Zone One - Building elevation directly fronting MacArthur Boulevard. No tenant signage of any kind will be permitted in this zone. Page 14 2. Zone Two — West elevation (parking lot side) of the buildings along MacArthur Boulevard. The following tenant signage will be permitted: Letter Style Individual letters either spot lit from above or below, halo lit with neon or open channel with exposed neon. Letter Height Anchor Tenants — 48" maximum Major Tenants — 24" maximum End Cap Tenants — 18" maximum Other Tenants — 12" maximum Allowable Area Anchor Tenants —150 square feet Major Tenants — three square feet for every lineal foot of store frontage with a maximum of 120 square feet. End Cap and Other Tenants — two square feet for every lineal foot of store frontage with a maximum of 90 square feet for end cap Tenants and 60 square feet for other Tenants. Sign Location Sign to be located no closer than 4 feet from Tenant demising wall. Miscellaneous Tenant names may also be silkscreened onto canvas awnings where awnings occur with a maximum letter height of eight inches (8 "). 3. Zone Three — North wall of Major Tenant Building along MacArthur Boulevard. The name of the Shopping Center, Logo and a maximum of three (3) tenant signs shall be permitted. The maximum letter heights shall be as follows: a. Shopping Center Name and Logo 6" larger than largest Tenant Sign b. Three (3) Tenant Signs 18" maximum letter height c. Two (2) Tenant Signs 24" maximum letter height d. One (1) Tenant Sign 30" maximum letter height The signs shall be either spot lit from above or below. 4. Zone Four — North elevation (parking lot side) of the building along East Coast Highway and east elevation (parking lot side) of the building along Avocado Avenue. The following tenant signage will be permitted: Letter Style Letter Height Anchor Tenants Major Tenants End Cap Tenants Other Tenants Individual letters either spot lit from above or below. 36" maximum 24" maximum 18" maximum 12" maximum Allowable Area Anchor Tenants 150 square feet Major Tenants three square feet for every lineal foot of store Page 15 5. 1.1 Zone Five — East Coast Highway elevation. The following tenant signage will be permitted: Letter Style Individual letters either spot lit from above or below, halo lit with neon, or open channel with exposed neon. Letter Height Major Tenants — 24" maximum End Cap Tenants — 18" maximum Other Tenants — 12" maximum Allowable Area Major Tenants three square feet for every lineal foot of store frontage with a maximum of 60 square feet End Cap and Other Tenants two square feet for every lineal foot of store frontage with a maximum of 60 square feet for end cap Tenants and 40 square feet for other Tenants. Sign Location Sign to be located no closer than 4 feet from Tenant demising wall. Miscellaneous Tenant names may also be silkscreened onto canvas awnings where awnings occur with a maximum letter height of eight inches (8 "). Zone Six — Avocado Avenue elevation. The following tenant signage will be permitted: Letter Style Letter Height Anchor Tenants Major Tenants End Cap Tenants Other Tenants Individual letters either spot lit from above or below, halo lit with neon, or open channel with exposed neon. 36" maximum 24" maximum 18" maximum 12" maximum Page 16 frontage with a maximum of 120 square feet End Cap and two square feet for every lineal foot of store Other Tenants frontage with a maximum of 90 square feet for end cap Tenants and 60 square feet for other Tenants. Sign Location Sign to be located no closer than 4 feet from Tenant demising wall. Miscellaneous Tenant names may also be silkscreened onto canvas awnings where awnings occur with a maximum letter height of eight inches (8 "). Zone Five — East Coast Highway elevation. The following tenant signage will be permitted: Letter Style Individual letters either spot lit from above or below, halo lit with neon, or open channel with exposed neon. Letter Height Major Tenants — 24" maximum End Cap Tenants — 18" maximum Other Tenants — 12" maximum Allowable Area Major Tenants three square feet for every lineal foot of store frontage with a maximum of 60 square feet End Cap and Other Tenants two square feet for every lineal foot of store frontage with a maximum of 60 square feet for end cap Tenants and 40 square feet for other Tenants. Sign Location Sign to be located no closer than 4 feet from Tenant demising wall. Miscellaneous Tenant names may also be silkscreened onto canvas awnings where awnings occur with a maximum letter height of eight inches (8 "). Zone Six — Avocado Avenue elevation. The following tenant signage will be permitted: Letter Style Letter Height Anchor Tenants Major Tenants End Cap Tenants Other Tenants Individual letters either spot lit from above or below, halo lit with neon, or open channel with exposed neon. 36" maximum 24" maximum 18" maximum 12" maximum Page 16 Allowable Area Anchor Tenants 150 square feet Major Tenants three square feet for every lineal foot of store frontage with a maximum of 120 square feet. End Cap and Other Tenants two square feet for every lineal foot of store frontage with a maximum of 90 square feet for end cap Tenants and 60 square feet for other Tenants. Sign Location Sign to be located no closer than 4 feet from Tenant demising wall. Miscellaneous Tenant names may also be silkscreened onto canvas awnings where awnings occur with a maximum letter height of eight inches (8 "). 7. Zone Seven — Restaurant pad building. Tenant signage of the following type only may be permitted for this Zone; Individual letters, illuminated with a maximum letter height of 24 ". Up to a maximum of three (3) signs shall be permitted. b. Tenant Blade Signs. One (1) blade sign per Tenant shall be located under the pedestrian arcade along the storefronts. The blade signs to consist of a suspended "framework" with a thirty-six inch (36 ") maximum length and twenty -four inch (24 ") maximum height. Tenants to apply their name and/or logo within this "framework" with no type or images protruding beyond the prescribed borders. Signs may be spot lit. C. All stores are permitted to place on glass storefront at each entry a decal sign identifying the store name and services, store address, hours of business and emergency telephone numbers. This sign shall be located at or below eye level to be visible to pedestrians, and shall not exceed two (2) square feet in area. Color of decal to be white. d. Building Address: Building addresses shall be located on buildings as directed by the City of Newport Beach Fire Department. Letter height to be a maximum of eighteen inches (18 "). 3. General Provisions: a. Temporary Signs: In addition to other signs permitted in this section, temporary signs, intended to be displayed for sixty (60) days or less, are permitted for purposes related to special events, seasonal activities and store openings. Temporary signs, identifying new construction or remodeling, may be displayed for the duration of the construction period beyond the sixty (60) day limit. Real Estate signs shall be erected in accordance with the Newport Beach Municipal Code. Page 17 b. Maintenance: Signs, together with all of their supports, braces, guys and anchors, shall be properly maintained with respect to appearance, structural and electrical features. C. Restricted Sign Types: Rotating, flashing, blinking signs or signing with animation shall not be allowed. No signs shall be permitted which imitate or resemble official traffic signs or signals. No wind signs or audible signs are permitted. d. Exceptions: Relief from the restrictions noted in this section require the review and approval of the Modification Committee of the City of Newport Beach. Page 18 APPENDIX A 594 City Council approved 10/24/1983 Ordinance 83 -27 Request to consider the adoption of a Planned Community Development Plan for the Newport Village area in Newport Center. A 728 City Council adopted 01 -13 -92 Resolution 92 -4 Request to amend the Corporate Plaza Planned Community Development Plan so as to permit 85,000 sq. ft. of additional office development transferred from the Newport Village Planned Community. The proposal also includes a request to amend the Planned Community sign provisions so as to be consistent with the proposed sign provisions of the Corporate Plaza West Planned Community. A 729 City Council adopted 01 -13 -92 Resolution 92 -5 Request to amend the Civic Plaza Planned Community Development Plan so as to add 57,150 -sq. ft. of additional office development, 35,000 sq. ft. of which would be trans- ferred from the Newport Village Planned Community and 22,150 sq. ft. of which is new development entitlement, and to delete 14,000 sq. ft. of library entitlement, which would be transferred to the Newport Village Planned Community. The proposal also includes: a request to amend the existing Planned Community sign standards; and a change to require the approval of a use permit for restaurants rather than a site plan review. A 746 City Council adopted 01 -13 -92 Resolution 92 -6 Request to amend the Newport Village Planned Community Development Plan so as to: expand the boundary of the Planned Community so as to include the land bounded by Avocado Avenue, San Miguel Drive, MacArthur Blvd. and San Joaquin Hills Road; revise the land use plan so as to identify five statistical development areas which are distributed between two land use designations of Governmental/Institutional and Open Space, and delete the multiple family residential and retail designations; add development standards for the development of a65,000 sq. ft. library, a 100,000 sq. ft. museum, and a 4 acre public park; and the addition of a General Notes Section. A835 City Council adopted 11 -27 -95 Res. 95-130 Request to amend the Newport Village P -C to permit the construction of a 105,000 -sq. ft. specialty retail shopping center. A City Council adopted -09 Res. Request to amend the Newport Village P -C to remove from Area t the open space frontage on San Joaquin Hills Road and the open space comer portion at San Joaquin Hills Road and MacArthur. Said area to be incorporated into the North Newport Center Planned Community District P1 C -561. Page 19 NEWPORT VILLAGE PLANNED COMMUNITY DISTRICT FASHION ISLAND 3 ----'OPEN SPACE GOVERNMENTALANSTITUTIONAL RETAIL NOT A PART Exhibit A - Land Use Plan a v �I Corona del Mar Plaza Tenant Identification Sign Zones Exhibit B — Signage Plan Ptigc 2 1 Attachment No. CC 6 Draft revised Districting Maps a P-c /I eaesaeA P -c aJf.s RSC ` I P ` , Pc i ,!�i P -C -56 uol APP R.pep ti p-C -56 o A. �� w Z tXwr 9 �E4 �,lVE a.5F ers 1.4x \� \•. \ { b 5 Z APF � ase O P a { "i WrA 1 {.2ffi P-C Q GEIF P -C APF W I P -C P -C -56 ON _A9A0MV P -C -56 Ac P -C -56 ' 02- 33_2W9 IKv. REV. M -29 -2005 aC pet SR YI/ NO DISTRICTING -- MAP CITY - -OF rrvnrrrN n.lt ewxmt rrN.,w r.wA ttl.rwe .x)xene •e0'u Wx tMYO„ V. tlI1PWxxGf 1. 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IIyy. �•.•9py5 IlY9 bYMGG h N i 50 Attachment No. CC 7 Applicant's indemnification letter IRVINE COMPANY Since 1864 October 27, 2009 David Hunt City Attorney City of Newport Beach 3300 Newport Blvd. Post Office Box 1768 Newport Beach, CA 92663 -3884 Facsimile: (949) 644 -3139 Re: North Newport Center Planned Community Amendment (PA2009 -111) Code Amendment No. CA2009 -005 Planned Community Development Plan Amendment No. PD2009 -003 Dear Mr. Hunt: The Irvine Company is applying for an amendment to the North Newport Center Planned Community Development Plan to incorporate portions of Block 100, Block 400, Block 800, and Newport Village and a code amendment to change the zoning classification of these properties from APF, PC -28, PC -23, and PC 27 to PC -56 on Districting Maps Nos. 48, 49, and 50 (collectively, "Amendments "). At a hearing of the Planning Commission of the City of Newport Beach on October 22, 2009, Deputy City Attorney Michael Torres raised some questions about the scope of indemnity that the Irvine Company is providing to the City of Newport Beach ( "City") relating to the Irvine Company's application ("Irvine Company Application "). This letter confirms and constitutes a separate agreement of indemnity by the Irvine Company under the terms in the ordinance of the City Council of the City of Newport Beach adopting the Amendments, if the Irvine Company agrees to the text of the ordinance. The Irvine Company does not agree to indemnify any zoning actions that include properties that the Irvine Company Application does not cover. The Irvine Company believes, among other things, that the City has not properly noticed any zoning action that would allow the Amendments to apply to properties that the Irvine Company Application does not cover. The Irvine Company acknowledges that under this separate agreement, if the City approves and adopts the Amendments, then the Irvine Company will receive the benefit of pursuing its desired timeline for implementation of the North Newport Center Planned Community Development Plan. The Irvine Company also acknowledges that the City will rely on this separate agreement when considering whether to approve the Amendments. Please contact me if you have any questions Sincerely, Daniel T. Miller Sr. Vice President Irvine Company 550 Newport center Drive, Newport Beach, California 92660- 7011 949.720.2000 Attachment No. CC 8 ALUC determination letter )RANGE I COl1NTY October 28, 2009 AIRPORT LAND USE COMMISSION FOR ORANGE COUNTY 3160 Airway Avenue • Costa Mesa, California 92626 - 949.252.S[70 fax: 949.252.6012 Patrick Alford, Planning Manager City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658 Subject: Amendment to the North Newport Center Planned Community Development Plan Dear Mr. Alford: During the meeting held on October 15, 2009 the Airport Land Use Commission (ALUC) for Orange County considered the subject project. The matter was duly discussed, moved, seconded, and carried unanimously by the Commission to find the City of Newport Beach proposed amendment to the North Newport Center Planned Community (PC) Development Plan to be Consistent with the Commission's Airport Environs Land Use Plan (AELUP) for John Wayne Airport (JWA). The Consistency finding was based on the following conditions: That the City incorporates the conditions contained in the Site Development Standards Section (page 15) of the North Newport Center Planned Community Development Plan as opposed to utilizing the language included in the City's referral letter to the ALUC. The conditions are as follows: Prior to issuance of building permits, the project applicant must demonstrate that the following conditions have been satisfied. New development shall be required to comply with the following conditions related to the Airport Environs Land Use Plan (A EL UP) for John Wayne Airport: 1) For development of structures that exceed 200 feet in height above ground level at a development site, applicants shall file a Notice of Proposed Construction or Alteration with the FAA (FAA Form 7460 -1). Following the FAA's Aeronautical Study of the project, projects must comply with conditions of approval imposed or recommended by the FAA. Subsequent to the FAA findings, the City shall refer the project to the Airport Land Use Commission (AL UC) for Orange County for consistency analysis. ALUC Determination Letter 10.28 09 Page 2 2) No buildings within the North Newport Center Planned Community area shall penetrate the FAA Federal Aviation Regulations (FAR) Part 77 imaginary obstruction surface for John Wayne Airport. 3) Applicants shall file a Notice of Proposed Construction or Alteration with the FAA (Form 7460 -1) for any construction cranes that exceed 200 feet in height above ground level. II. That the City add language to the planned community text clarifying that although the North Newport Center Planned Community Development Plan allows for buildings to exceed the maximum building height up to 20 feet for rooftop appurtenances (pages 16 and 36), the PC does not allow buildings to penetrate the FAA Part 77 imaginary surfaces for JWA. Please contact ALUC staff at (949) 252 -5123 or via email at lumnas(a)ocair.com if you require additional information or have questions regarding this proceeding. Sincerely, e� �7 t Kan A. Rtgom Executive Officer Attachment No. CC 9 October 8, 2009, Planning Commission minutes CITY OF NEWPORT BEACH Planning Commission Minutes October 8, 2009 Regular Meeting -6:30 p.m. ROLL CALL Commissioners Eaton, Unsworth, Hawkins, Peotter, McDaniel, Toerge, and Hillgren— all Commissioners were present. STAFF PRESENT: Patrick Alford, Planning Manager Michael Torres, Deputy City Attorney Chris Savan, Planning Technician Ginger Varin, Administrative Assistant PUBLIC COMMENTS: PUBLIC COMMENTS None POSTING OF THE AGENDA: POSTING OF THE AGENDA The Planning Commission Agenda was posted on October 2, 2009 HEARING ITEMS ITEM NO. 1 SUBJECT: MINUTES of the regular meeting of September 17, 2009. Approved Motion was made by Commissioner Peotter and seconded by Commissioner Toerge to approve the m inutes as corrected. Ayes: Eaton, Unsworth, Hawkins, Peotter, Toerge and Hillgren Noes: None Abstain: McDaniel SUBJECT: North Newport Center Planned Community Amendment (PA2009- ITEM NO. 2 111) PA2009 -111 100, 150, 180, 190, 450 Newport Center Drive a nd 5100 Plaza Colony Continued to 10122/2009 A planned community text amendment to incorporate portions of Block 100, Block 400. Block 800, and Newport Village into the North Newport Center Planned Community and a code amendment to change the zoning classification of these properties from APF, PC -28, PC -23, and PC 27 to PC -56 on Districting Maps Nos. 48, 49, and 50.1ocated at 2865 E. Coast Highway. NEWPORT BEACH PLANNING COMMISSION MINUTES 10/08/2009 Chairman Hawkins noted he is an office tenant at 110 Newport Center Drive and will recuse himself from this matter. Vice Chairman McDaniel asked about the continuance requests. Planning Manager Patrick Alford noted staff had received two requests from property owners for a continuance of this item and neither of them expressed a date for this matter to come back. However, they did ask for more time to study the amendment to determine if there was any impact on their properties or development rights. As stated in the staff report, our intent is to simply limit those properties owned by the applicant and should not affect the development regulations on any property outside those areas. Vice Chairman McDaniel asked if this item should be continued. Mr. Alford answered it was made clear in the report that no other properties except for the applicant's will be affected by this amendment. Perhaps following testimony by the public and staff there might be an indication to continue. Commissioner Toerge noted it would be prudent to open the public comment for testimony. It is appropriate to continue this item following discussion by staff and the Commission who will address their concerns. Commissioner Hillgren noted he has similar thoughts. The neighbors need an opportunity to study any potential changes. The intent is not to modify the development rights, but looking at the text it seems there are potentially substantial modifications. I would like to understand this before we act on it and having extra time might be helpful. Vice Chairman McDaniel asked for testimony on having this item continued. John Hamilton of Block 100 noted that it appears the proposed changes do affect his block and his entitlements and rights. It is not appropriate to act on this without the time to study this. At Commission inquiry, he stated a two -week continuance would be sufficient. Dan Miller of the Irvine Company noted this document contains what was approved two years ago when the North Newport Center Planned Community was set up. This document, while lengthy, has been approved and is being edited to add three other blocks. Continuing, he noted: Two years ago, the goal was to consolidate various Planned Community (PCs) within the Newport Center to have consistent rules, design guidelines and processes spelled out. That was also the determination by staff; however, they first undertook the update of the Zone Code, which is still going on. We started the process due to the timing of the updates to start our goal of one PC for Newport Center. That document was created and approved by Council before tonight. The document tonight contains changes that are not substantial and includes our properties that are totally built -out, Blocks 100, 400 and 800. There is no more entitlement on them and we are not asking for Page 2 of 12 NEWPORT BEACH PLANNING COMMISSION MINUTES 10/08/2009 any increase in density or intensity, or changes in the allowable permitted uses. Blocks 400 and 800 have old planned community text and we are basically modernizing those and having all the guidelines, restrictions and processes brought up to today's requirements. Block 100 is just general zoning. > The goal of City staff was to get all these things in a Planned Community; it only affects our holdings and does not affect any other property. It doesn't allow us to transfer square footage into these blocks as that would be another City Council action we would have to go through. > Block 500, which contains only our properties, and a number of buildings are excluded as there are too many small property owners to take this all at one time. We can not force them into our PC and that would be a City goal in the future. Vice Chairman McDaniel asked about a continuance Mr. Miller noted he does not want a continuance as there is no impact on any other property owner. This amendment is modifying what has been approved to include three more blocks and apply, in most cases, more restrictive zoning and requirements on us, not anybody else. There is no reason for a continuance. This amendment has to go to the City Council at a future meeting. Vice Chairman McDaniel asked if there was anyone else in the audience who would like a continuance, there was no response. Commissioner Toerge asked if there would be a hardship if this item was continued. Mr. Miller answered we have to go before the Airport Land Use Commission because it is in the height zone and even though we are lowering the height limits, we are going on October 15`h as that has to be done prior to going to the City Council. The other thing is we are trying to get to the Council prior to November when they will be involved with the new city hall. I am worried about missing that window and missing the City Council meeting. Commissioner Toerge noted the timing is hard for another party as well as the Commission to study this application. Mr. Miller answered a two -week continuance would work for him. He asked that the item be discussed and then if there are items that need clarification, they could come back in two weeks with that information. Commissioner Unsworth added he would like to hear what the applicant has to say. Motion was made by Commissioner Toerge and seconded by Commissioner Hillgren to hear this item now and then continue it for two weeks. is Page 3 of 12 NEWPORT BEACH PLANNING COMMISSION MINUTES 10/08/2009 Commissioner Peotter noted he could not support the motion as stated as he would rather wait until hearing the item and then determine if it would be continued or not. Commissioner Unsworth noted he could not support the motion as stated. Ayes: Eaton, McDaniel, Toerge and Hillgren Noes: Unsworth and Peotter Absent: Hawkins Vice Chairman McDaniel asked staff to proceed. Mr. Alford noted this amendment: Is to add equivalent land use and property development regulations from the Block 400, Block 800 and Newport Village PCs and APF District into the North Newport Center PC. It would remove references to these properties from the Block 400, 800 and Newport Village PCs. ➢ It would amend the Districting Map Nos. 48, 49 and 50 to reflect zoning and classification. Y The objective is to have no increase in range of permitted or conditionally permitted land uses and no increase in development density or intensity. Staff worked with the applicant to insure this. However, there are a couple of regulations that we could not work out by the time of publication. There is a proposal in Block 800 that medical retail be permitted with a minor use permit. This is currently permitted by the Block 800 PC; however, there is also limitation that this type of retail use be limited as a convenience nature and ancillary to seniors' residential facilities. Staff recommends honoring this and transferring this provision in the PC and is reflected in the resolution. Y In Block 800 there is a provision that would allow senior - oriented residential to exceed the 245 dwelling unit limit that is currently in the PC; however, we feel this is inconsistent with the Land Use Element which sets the development limit at exactly 245 units. We recommend that all references to that be removed from the proposed Planned Community text. Y One item that is not in the report, Table 4, which gives the parking regulations, proposes that the parking provisions for Block 100 and Bloc 400 be included in the PC. However, this would mean lowering the parking standards for these areas and that was not our intent. Therefore, we recommend for Blocks 100 and 400 that the Table reflect that they will adhere to the parking requirements of the Zoning Code. Y Other changes occurring as part of this amendment is Table 2 (Development Limits) being updated to reflect the City Council approved Transfer of Development Rights. Council has reviewed the initial approval through subsequent occasions that certain transfers and conversions were traffic neutral and consistent with the General Plan and so approved those. This is simply bringing the Table up to date to reflec those approvals. Another fix is to reflect all the Planning Director's interpretations regarding ambiguities or silence in the document that are not covered b Page 4 of 12 NEWPORT BEACH PLANNING COMMISSION MINUTES 10/0812009 the PC or the Zoning Code and are being incorporated as part of the recommended changes. ➢ This amendment is comprised of two categories: one is the translation of existing regulations and second, is an update on all things that have occurred since the PC was originally approved. Commissioner Eaton asked about his inquiries. Mr. Alford added: ➢ On whether it is in the public interest in breaking up zoning of 4 more blocks in Newport Center - Table 4 reflects a Council- approved trip neutral transfer through the process of a traffic study and consistency with the General Plan. ➢ The overall goal is to have one PC for all of Newport Center and it is ow goal that these properties will eventually be incorporated; short of the cooperation of the owners of the other properties, only the City can do that and the applicant can only propose zoning reclassification for their properties. There is no reason to hold back on the applicant's request and eventually the City will have some type of PC amendment tc incorporate those areas not under the applicant's control. ➢ Indications of regulations being less restrictive — There are no changes of resulting increase in land uses or development intensity /density Changes to administrative procedures are not considered less restrictive it is just a different process. Items that may require Planning Commission approval are going to be delegated to the Planning Director The notice radius is 300 feet. ➢ Permitting 2 free standing business signs along San Joaquin Road witt higher letter height — this is one of the translations of the PC and exists on the ground. We recognize that a few things were missed in the PC following a two -year administration period and are trying to incorporate those and bring up to date. ➢ Adding language stating Council approval of the transfer of developmen rights is a ministerial action — Policy LU6.14.3 authorizes transfer o development rights in Newport Center; the Planned Community currently establishes the procedure and requires trip neutrality and consistency with the General Plan. It is an administrative action by the City Council. Commissioner Eaton asked if the other property owners are notified of a transfe of development rights occurring within their block. Does the Council have thi discretion to not approve a transfer even if traffic neutral? Mr. Alford answered he would get that information. The language states when can't be approved, it does not say the Council is compelled to approve it. F continued with the final inquiry about the intent, purpose and effect of desk regulations. These basically reflect what has happened in the administration the Planned Community over the past two years. Some situations were n covered by the PC or Zoning Code and are reflected on Pages 9 and 11 of tl Design Regulations where the issue of roof structures and architectural featur( were not clearly addressed_ The Commission would have the 0000rtunity Page 5 of 12 NEWPORT BEACH PLANNING COMMISSION MINUTES 10/08/2009 make changes if they felt interpretations were incorrect. Commissioner Eaton noted his concerns of pages depicting signs in th guidelines, Newport Village reference and Block 500 open area. Mr. Alford stated it is the existing situations that are being incorporated in thi amendment. Newport Village is not proposed to have any new land use; it basically a landscaped corner strip, which is addressed under open spac corners. He added that he would verify the corner count in Blocks 500 and 400. Commissioner Unsworth noted his concern of Development Rights languag whether it would change from discretion to ministerial act. Mr. Alford noted the criterion used for these transfers is not changing. The ne, language us an attempt to make it clearer; however, if Commission wishes, could be modified. Mr. Torres noted that it is staffs position that this has always been ministers and this language verifies that. The language currently written could I interpreted to be discretionary, the way the change is proposed will make ministerial. Mr. Alford noted that if the Commission wants, they can give direction on how might deviate from the standards as long as it is less restrictive than cur zoning allows. Commissioner Hillgren noted his concerns: ➢ The computation of square footage density; ➢ Change in definitions to tunnels and shafts; ➢ Change in the measurement standards as relates to what the floor a is; ➢ Parking ratios and standards; ➢ Height measurements and views of screened mechanical equipment; > Approvals and /or m inisterial actions. Mr. Alford noted: ➢ This comes out of the interpretations made by the Planning Director the organization of the PC and reference to the Zoning Code. v The interpretation does not affect key elements such as tra generation and would be types of utility corridors and areas of hea screened rooftop mechanical equipment, etc., which could have b interpreted as floor area, but the Director determined that was not intent. It is appropriate to include that in the PC now. ➢ What is being proposed is the parking standards be revised to m clear Blocks 100 and 400 that are part of the PC continue to regulated by parking standards of the Zoning Code, which is the s� as today. ➢ Heiaht exceptions for architectural features for lower level developrr Page 6 of 12 NEWPORT BEACH PLANNING COMMISSION MINUTES 10/08/2009 are in the Zoning Code but it does not address situations on high -ri areas. The Planning Director made the interpretation regarding this the North Newport PC area. Commissioner Unsworth asked about the senior congregate care and traffic. Mr. Alford answered the Block 800 provision allows for more than 245 dwel units if you can show the number of trips is no more than you would have at regular units. This was done under a previous General Plan. The current is more precise in the development allocations. Staff felt any interpretation would allow you to exceed that number of units would be inappropriate inconsistent with the Land Use Element. There are provisions where they cc propose senior housing under the General Plan but that is a separate procec and is more appropriate than adding this provision in the PC. Commissioner Toerge noted his concerns: ➢ Definitions, and suggested using the BOMA standard, which calculate the square footage. Why do we have the special calculation? ➢ Issue of appurtenances that do not have to be screened such e wireless antennas, etc. that exceed the height limit should have sour restriction. We should set and adhere to a height limit. > Architectural features definition might be too broad. > Definition of service tunnels is too broad and allows for maintenanc personnel space to be occupied that does not have to be park ad. ➢ This document seems to give more authority to the Planning Directs than we've seen before. > Transfer of development rights as ministerial actions. > Why zero setbacks on Santa Maria Road in Block 800? ➢ New language for exclusion on Page 13, how much of that spat currently exists in Fashion Island and was it counted before now and if is not could it create additional entitlement? > There might be state legislation to allow density bonuses for senii living, would that override city limits? > Why aren't accessory, ancillary and support uses less than 5,0t square feet included in calculation of required parking? Page 21 chart does not include maximum letter /logo height restrictio why? ➢ Page 22, signs are not limited in Block 500; maximum sign size is n restricted, why? ➢ Why are support uses exempt from parking requirements as defined c Page 35? Mr. Miller stated: > This report brings forth things that are already on the books. • We are trying to be consistent. • The Development Table reflects the past history and does not new intensity or development. • The Council has basically acted on the issue of development and is done with certain findinas. If there is a negative traffic it Page 7 of 12 NEWPORT BEACH PLANNING COMMISSION MINUTES 10/08/2009 can not be transferred. There is no discretion on that and is how it is being done today. > We are fine with the old language, which is still ministerial or the new language that is also ministerial. There will be no change. > Issue of existing interpretations is what we wanted to do to specify what is there on the ground now. The specifics make it clear what we and staff can or can not do. > There are no new signs and the Table indicates what is existing there now. D Santa Maria is a private street and the zero setback is what is there today. > The issue of tunnels, we look at that as a passageway to get to and from; however, if there is a concern about the possibility of rooms, we can put language in that section to make it consistent with practices and for clarity. > The Planned Community text was approved as part of the Development Agreement and is a contract. Discussion continued on the lack of maximum sign size, sign inventory, building sign examples, transfer of development rights, anomaly on Block 100 in the General Plan and overall traffic impact criteria. Public comment was opened. Mr. Hamilton, property owner in Block 100, asked if there was a change to parking lot that became a parking structure is there consideration for other property owners. Mr. Miller answered there are parking agreements and all property owners' needs and rights have to be addressed. Public comment was closed. Vice Chairman McDaniel noted his concern with any policy that can not be changed; and, giving all that power to one person and ministerial changes. This item was continued to October 22, 2009. SUBJECT: 31st Street Lido, LLC (PA2009 -096) ITEM NO. 3 500 31st Street PA2009 -096 A use permit application to exceed the base height limit of 26 feet of the 26/35 Approved Height Limitation Zone pursuant to Section 20.65.040.0 of the Municipal Code. The applicant is proposing a mixed -use building with a maximum height of 32 feet. Chairman Hawkins returned to chair the rest of the meeting. Chris Savan gave an overview of the staff report. He noted an addendum to Section 2, Item 3 of the draft Resolution which states that the applicant will be Page 8 of 12 Attachment No. CC 10 October 8, 2009, Planning Commission staff report CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT October 8, 2009 Meeting Agenda Item 2 SUBJECT: North Newport Center Planned Community Amendment (PA2009 -111) 100, 150, 180, 190, 450 Newport Center Drive and 5100 Plaza Colony • Code Amendment No. CA2009 -005 • Planned Community Development Plan Amendment No. PD2009 -003 APPLICANT: Irvine Company PLANNER: Patrick J. Alford, Planning Manager (949) 644 -3235 PAlford6o�newaortbeachca.aov PROJECT SUMMARY A planned community text amendment to incorporate portions of Block 100, Block 400, Block 800, and Newport Village into the North Newport Center Planned Community and a code amendment to change the zoning classification of these properties from APF, PC-28, PC -23, and PC 27 to PC -56 on Districting Maps Nos. 48, 49, and 50. 1) Conduct a public hearing; and 2) Adopt a resolution recommending approval of Planned Community Development Plan Amendment No. PD2009 -003 and Code Amendment No. CA2009 -005 to the City Council (Attachment No. PC1). North Newport Center Planned Community Amendment October 8, 2009 Page 2 North Newport Center Planned Community Amendment October 8, 2009 Page 3 LOCATION GENERAL PLAN ZONING CURRENT USE Mixed Use Horizontal 3 (MU -H3); Multiple -Unit Planned Community (PC -28, Regional shopping center; hotel; ON-SITE Residential (RM); Regional Commercial (CR); Regional PC -23, PC 27, and PC -56); multiple -unit residential; Commercial Office (CO -R); Administrative, Professional, administrative, medical, and Medical Commercial Office Financial (APF) professional offices CO -M • Open §2ace OS Single Unit Residential NORTH Attached (RS -A); Single Unit Residential Detached (RS- Big Canyon Planned Single -unit residential; multiple -unit D); Multiple Unit Residential Community (PC -8) residential; religious assembly (RM): Private Institutions Santa Barbara Residential Planned Community (PC- Multiple -unit residential; hotel; SOUTH Visitor Serving Commercial 54); Multifamily Residential administrative, medical, and (CV): RM: CO -R (MFR); Corporate Plaza professional offices Planned Community (PC- 17 ); APF Mixed Use Horizontal 3 Newport Village Planned Transit center; open space; EAST (MU -H3); Medical Community (PC -27); APF administrative, medical, and Commercial Office CO -M rofessional offices Land Rover Planned Community (PC -20): General Commercial (CG); Government, Educational, Service station; automobile WEST Public Facilities (PF); Private and Institutional Facilities dealership; NBPDlFire Station No. 3; Institutional (PF); OS (GEIF); San Joaquin Plaza museum; golf course Planned Community (PC- 19); Newport Country Club Planned Community PG-4 North Newport Center Planned Community Amendment October 8, 2009 Page 4 Project Settin The North Newport Center Planned Community is located in Newport Center /Fashion Island, a regional center of business and commerce that includes major retail, administrative, medical and professional office, entertainment, recreation, and residential uses. The Planned Community currently consists of Fashion Island, Block 600, and portions of San Joaquin Plaza and Block 500. Fashion Island (approximately 75 acres) is developed with a regional shopping center consisting of anchor department stores, retail stores., restaurants, and a cinema. Block 600 (approximately 25 acres) is developed with the 295 -room Island Hotel and high -rise office buildings and parking structures. Block 500 (approximately 15 acres) is developed with high -rise and low -rise office buildings and surface parking. San Joaquin Plaza (approximately 23 acres) is developed with a complex of low -rise office buildings, a parking structure, and surface parking. The proposed planned community text amendment would incorporate portions of Block 100, Block 400, Block 800, and Newport Village into the North Newport Center Planned Community. The subject portion of Block 100 (approximately 9.6 acres) is developed with low -rise office buildings and surface parking. The subject portion of Block 400 is developed with a mid -rise office building and surface parking (approximately 4 acres) and two open space corner lots (approximately 0.35 acres). The subject portion of Block 800 (approximately 6.4 acres) is developed with the 245 -unit The Colony apartment complex. The subject portion of Newport Village (approximately 0.45 acres) consists of landscaped open space and a project identification sign. To the north of San Joaquin Plaza, Block 600, Block 500, and Newport Village, and across San Joaquin Hills Road, land uses include residential and a golf course within the Big Canyon Planned Community (PC -8) and St. Mark Presbyterian Church. To the south and west is low -rise and mid -rise office development. To the west of Fashion Island is the Granville residential community, the Newport Beach Marriott Hotel, and offices. To the west of Block 800 is the Newport Beach Country Club golf course. To the west of San Joaquin Plaza is a mix of institutional and commercial uses and public facilities. Project Description The Irvine Company proposes incorporating their property holdings in Block 100, Block 400, Block 800, and Newport Village into the North Newport Center Planned Community (PC). This will require amending the North Newport Center PC Development Plan and Design Regulations (Attachment No. PC2) to add equivalent land use and property development regulations from the Block 400, Block 800 and Newport Village PC Development Plans and from the Administrative, Professional, Financial (APF) District. The PC Development Plans for Block 400, Block 800, and Newport Village would be North Newport Center Planned Community Amendment October 8, 2009 Page 5 amended to remove references to the Irvine Company properties (Attachment Nos. PC3 to PC5, respectively). Districting Maps No. 48, No. 49, and No. 50 (Attachment No. PC6) would be amended to reflect the zoning reclassification of the subject portions of Block 100 (APF District), Block 400 (PC -28 District), Block 800 (PC -23 District), and Newport Village (PC -27 District) to the North Newport Center Planned Community (PC -56) District. Background On December 18, 2007, the City Council adopted the North Newport Center Planned Community Development Plan and Design Regulations. On July 22, 2008, the City Council approved the conversion of 72,000 square feet allocated for the Block 500 City Hall site to general office and the transfer of approximately 24,428 square feet of development rights from Block 600 to Block 500. On August 7, 2008, the Planning Commission found that a traffic study for the proposed development of 96,428 square feet of office space in Block 500 complied with the Traffic Phasing Ordinance. On February 24, 2009, the City Council conducted the first annual review of the North Newport Center Development Agreement and found that the Irvine Company has complied in good faith with terms and conditions of the Development Agreement. DISCUSSION The applicant's stated goal is to incorporate portions of Block 100, Block 400, Block 800 and a portion of Newport Village Planned Community into the comprehensive Planned Community document without an increase in the intensity or density of allowable land uses or changes in the types of allowable uses. The applicant states that this will help accomplish the City's objective of having a comprehensive Planned Community for Newport Center. Analysis Land use and property development on subject properties are currently regulated by the PC Development Plans for Block 400 and Block 800 and by the APF District. These regulations will be translated and incorporated into the North Newport Center PC Development Plan and Design Regulations (Development Plan). The regulations could be incorporated verbatim. However, in most cases, the proposed regulations are more restrictive than those of the existing zoning. The objective is to have no increase in range of permitted or conditionally permitted land uses and no increase in development density or intensity. North Newport Center Planned Community Amendment October 8, 2009 Page 6 Land Use Regulations Under the proposed land use regulations of the Development Plan, certain land uses that currently require a use permit approved by the Planning Commission will be permitted with the approval of a minor use permit issued by the Planning Director. Staff interprets this as a change in administrative procedure and not an increase in land use intensity. Furthermore, this is consistent with the current land use restrictions in the Development Plan, which allows most conditionally permitted uses to be approved by the Planning Director. Under the current PC Development Plan, the subject portion of Block 400 (Area Two) is subject to "C -O -H Zone standards" of the Municipal Code. The C -O -H Zone was deleted by the comprehensive update of the Zoning Code in 1997 and was succeeded by the APF District. Since the proposed land use regulations of the Development Plan for Block 400 emulate those of the APF District, there will be no increase in range of permitted or conditionally permitted land uses. Under the current PC Development Plan, the subject portion of Block 800 is allocated 245 multiple -unit dwellings, however, it also allows 'senior oriented residential" to exceed this limit if a traffic study demonstrates that the peak hour traffic generation is comparable to 245 standard multi - family dwelling units. A similar provision is proposed for the Development Plan (Attachment PC2, Page 13). However, staff believes that both the existing and proposed provision to allow additional dwelling units for senior housing is inconsistent with the Land Use Element, which specifies a maximum of 245 dwelling units. Therefore, staff recommends that references to this provision be deleted from the proposed Development Plan. Medical retail is proposed to be permitted in Block 800 with a minor use permit. This is currently permitted under Block 800 PC Development Plan, which allows "retail sales and services of a convenience nature ancillary to the operation and use of seniors residential facilities." Staff recommends that a similar restriction be included or that the use not be permitted. Height Limits Development in Block 100 is currently regulated by the 32/50 Height Limitation Zone. The base height limit is 32 feet; however, a maximum height of 50 feet is permitted through the adoption of a planned community district or a specific plan or through the approval of a use permit. The proposed height limit for Block 100 in the Development Plan is 50 feet. The Development Plan requires that all development proposals for new structures be reviewed by the Planning Director to determine compliance with the Development Plan and the Design Regulations. Since the current zoning allows for structures up to 50 feet through a planned community, specific plan, or use permit, staff interprets this as a change in administrative procedure and not an increase in development intensity. North Newport Center Planned Community Amendment October 8, 2009 Page 7 Block 400 and the subject portion of Newport Village are regulated by the High Rise Limitation Zone, which has a maximum height limit of 375 feet. The proposed height limit in the Development Plan is 295 feet for Block 400 and 45 feet for Newport Village. Other Changes The proposed Development Plan has also been updated to incorporate a few interpretations previously made by the Planning Director. These interpretations are summarized as follows. • Gross floor area does not include covered porches, walkways and loading docks, service tunnels, and mechanical shafts. Mechanical spaces on roofs that are inaccessible to tenants are not counted towards the gross floor area (Attachment PC2, Page 13). • Rooftop appurtenances may exceed the maximum building height up to 20 feet, provided they are screened from view from ground level adjacent to the building. Supports for window washing equipment are not required to be screened from view (Attachment PC2, Page 16). • Architectural features may exceed the maximum building height up to 20 feet, provided such features are an extension of the architectural style of the building in terms of materials, design and color (Attachment PC2, Page 16). • The Planning Director may approve a lighting plan that deviates from the Development Plan's lighting standards (Attachment PC2, Page 19). • Directional signs oriented to vehicular or pedestrian traffic within internal drives or walkways of a development block are not subject to sign regulations (Attachment P02, Page 19). • Tenant signs may be placed on parking structures facing Newport Center Drive (Attachment PC2, Page 20). • Reformatted Table 7 (Sign Standards) with no changes in sign regulations (Attachment PC2, Pages 20 -23). • Transfers of development rights approved by the City Council are ministerial actions (Attachment PC2, Page 29). • Definitions for "Architectural Features" and "Building Height" added (Attachment PC2, Page 31). North Newport Center Planned Community Amendment October 8, 2009 Page 8 • Definitions for "Rooftop Appurtenance" and "Service Tunnels" added (Attachment PC2, Page 35). • Guidelines for architectural features buildings on sites with sloping surfaces added (Attachment PC2, Page 9 of the Design Regulations). These interpretations clarify existing provisions of the Development Plan_ Incorporating them into the Development Plan does not represent an increase in development density or intensity. General Plan The Land Use Element category for Block 100 is Regional Commercial Office (CO -R). The CO -R designation is intended to provide for administrative and professional offices that serve local and regional markets, with limited accessory retail, financial, service, and entertainment uses. The proposed land use regulations for Block 100 are consistent with this land use designation because business, government, and professional offices are permitted by right and other permitted land use are either limited to accessory uses or regulated by use permits. Development intensity is limited to 121,114 square feet, which is consistent with that established by Anomaly No. 35 for the subject portion of Block 100. The Land Use Element category for Block 400 is Medical Commercial Office (CO -M). The CO -M designation is intended to provide primarily for medical - related offices, other professional offices. retail, short-term convalescent and long -term care facilities, research labs, and similar uses. The proposed land use regulations for Block 400 are consistent with this land use designation because emergency health care, medical and dental offices, and medical retail are permitted by right and other permitted land uses are either limited to accessory uses or regulated by use permits. Development intensity is limited to 91,727 square feet, which is consistent with that established by Anomaly No. 38 for the subject portion of Block 400. The Land Use category for Block 800 is Multiple Residential. The RM designation is intended to provide primarily for multi - family residential development containing attached or detached dwelling units. The proposed land use regulations for Block 800 are consistent with this land use designation because residential uses are permitted by right and other land uses are limited to residential support uses. Residential development is limited to 245 units, which is the same as that specified by the Land Use Element figures. However, as stated earlier, staff believes that the proposed provision to allow additional dwelling units for senior housing is inconsistent with Land Use Element and recommends that references to this provision be deleted from the proposed Development Plan. The Land Use Category for the open space corner lots in Block 400 and Newport Village is Open Space (OS). The OS designation is intended to provide areas for a North Newport Center Planned Community Amendment October 8, 2009 Page 9 range of public and private uses to protect, maintain, and enhance the community's natural resources. The proposed land use regulations for the open space corner lots are consistent with this land use designation because they are limited to landscaping and signage. I•WWA North Newport Center is located within the Planning Area for John Wayne Airport in the Airport Environs Land Use Plan (AELUP). The Airport Land Use Commission (ALUC) has found the City of Newport Beach to be a consistent agency with the AELUP. However, the AELUP requires that zone changes for consistent agencies be referred to the ALUC for a determination prior to City action. As of this writing, the proposed amendments have been forwarded to the ALUC, and a hearing is scheduled prior to the City Council hearing. Alternatives The Planning Commission may recommend approval of a modified project to the City Council or disapprove the application (if an amendment is disapproved, no further action is taken, unless appealed to the City Council). Environmental Review This action is covered by the general rule that the California Environmental Quality Act (CEQA) applies only to projects that have the potential for causing a significant effect on the environment (Section 15061.b.3 of the CEQA Guidelines). It can be seen with certainty that there is no possibility that this activity will have a significant effect on the environment. Therefore, this activity is not subject to CEQA. Public Notice Notice of this hearing was published in the Daily Pilot. mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. Prepared by: Patrick J. Alford, Planning Manager Submitted by: David Lepo, Pla ,�Ilng Director I,, North Newport Center Planned Community Amendment October 8, 2009 Page 10 ATTACHMENTS PC 1 Draft Resolution PC 2 Draft revised North Newport Center PC Development Plan PC 3 Draft revised Block 400 PC Development Plan PC 4 Draft revised Block 800 PC Development Plan PC 5 Draft revised Newport Village PC Development Plan PC 6 Draft revised Districting Maps PC 7 Environmental documents FAUSERS \PLN \Shared \PA's1PAs - 2009\PA2009- 111\2009 -10-08 PC staff report.docx Attachment No. CC 11 Draft October 22, 2009 Planning Commission minutes CITY OF NEWPORT BEACH Planning Commission Minutes October 22, 2009 Regular Meeting - 6:30 p.m. ROLL CALL Commissioners Eaton, Unsworth, Hawkins, Peotter, McDaniel, Toerge, and Hillgren— Commissioner Toerge arrived late, and all other Commissioners were present. STAFF PRESENT: Sharon Z. Wood, Assistant City Manager David Lepo, Planning Director Patrick Alford, Planning Manager Michael Torres, Deputy City Attorney Tony Brine, City Traffic Engineer Ginger Varin, Administrative Assistant PUBLIC COMMENTS: PUBLIC COMMENTS None POSTING OF THE AGENDA: POSTING OF THE AGENDA The Planning Commission Agenda was posted on October 16, 2009. HEARING ITEMS SUBJECT: MINUTES of the regular meeting of October 8, 2009. ITEM NO. 1 Motion was made by Commissioner Peotter and seconded by Commissioner Approved McDaniel to approve the minutes as corrected removing the reference to North Newport Center Planned Community Amendment. Ayes: Eaton, Unsworth, Peotter. Hawkins, McDaniel, Toerge and Hillgren Noes: None Abstain: None SUBJECT: MINUTES of the regular meeting of October 8, 2009. Approved Motion was made by Commissioner McDaniel and seconded by Commissioner Peotter to approve the minutes as corrected by Chairman Hawkins, including the reference to the North Newport Center Planned Community Amendment. Ayes: Eaton, Unsworth, Peotter, McDaniel, Toerge and Hillgren Noes: None Abstain: Hawkins NEWPORT BEACH PLANNING COMMISSION MINUTES 10/22/2009 JBJECT: North Newport Center Planned Community Amendment (PA2009 ITEM NO. 2 111) PA2009 -111 100, 150, 180, 190, 450 Newport Center Drive and 5100 Plaza Colony Recommendei for Approval A planned community text amendment to incorporate portions of Block 100, Block 400, Block 800, and Newport Village into the North Newport Center Planned Community and a code amendment to change the zoning classification of these properties from APF, PC -28, PC -23, and PC 27 to PC -56 on Districting Maps Nos. 48, 49, and 50.1ocated at 2865 E. Coast Highway. Chairman Hawkins noted he is an office tenant at 110 Newport Center Drive and will recuse himself from this matter. Vice Chairman McDaniel took over the meeting noting this item was continued from the last meeting due to requests of several people in the area who had wanted more time to review. Mr. Lepo suggested hearing this application as is. There may be other issues that need to be looked into if the Commission decides to include those other properties into the North Newport Center relative to uses and CEQA issues. Commissioner Peotter asked if it would be a problem if the Commission wanted to adjust the areas we are dealing with tonight to include five additional properties. Mr. Torres answered, yes it would be problematic. Our Municipal Code requires noticing prior to the Planning Commission hearing on an item and because these other properties would be new tonight, no notice was given prior to this hearing to the properties within the 300 feet radius. These additional addresses were not contemplated in the original application, therefore, the 300 - foot radius from those new properties would not have been noticed. Mr. Alford added that the radius maps were checked and if those new properties were included it would extend that notification radius out and cover some properties that did not receive a notice. Dan Miller, representing the Irvine Company, noted they do not oppose having these properties included in the Planned Community, but since this application has been continued, they do not agree to do it tonight and asks that this item be heard. If this item comes back in the future, as applied for by the other property owners, they would not be opposed to including them in the PC text. Public comment was opened. Commissioner Toerge asked if the other five property owners want to initiate an application for inclusion into North Newport Center, when could that be done? Mr. Lepo answered it would be a minimum of four months due to research Page 2 of 10 NEWPORT BEACH PLANNING COMMISSION MINUTES 10/2212009 Carol McDermott of Government Solutions noted: • Five other property owners asked how they could be included in this application. • She questioned the addresses noted in the submitted application and used for legal noticing. • These property owners agree to the language in the zoning and would be requesting no changes in this language and want to be included in the regulations. • There are confusing references as to what is and is not included. • Either the map is wrong or the text is wrong. • She then read into the record a letter from the owner of property at 100 Newport Center Drive in sub -area Block 100 and 2161 San Joaquin Hills Road in sub area of Block 100, asking to be included in this application. (letter included in staff report) Appearing in support of being included in this application: Alex Philips, one of the owners of 180 Newport Center Drive, address is listed and thought they were included. They don't intend to make changes and sent a letter asking to be included in this amendment. Commissioner Hillgren asked what the perceived benefits would be to be included in this action. What about existing agreements; impacts? Mr. Philips answered they share parking, common area expenses, landscaping and signage. There could be complexities with a change that leaves them out. Everyone needs to be in line. There are CC and R's addressing parking and common area expenses, landscaping, etc. He is not sure about what impacts there would be. Commissioner Toerge asked if there would be any hardships if this occurs in four months. Mr. Philips answered no Michael Meyer, one of the owners of 180 Newport Center Drive, does not want a four -month delay due to technical issues that arise. We really don't understand the advantage or disadvantage of being included other than the simplicity of being part of one Block. We want to be under the rules the City operates and understands. There was notice given of his property. Commissioner Hillgren asked about the current use of his building. Are you considering a change of use that is different than the current zoning allows? To be included in this agreement would do what to your goal? Would you still have the ability to convert to medical office if not for this application? Mr. Meyer answered it is office use now. We have some medical office use and are considering getting approval for more. When you talk about medical office, the parking requirements are higher and so traffic issues need to be Page 3 of 10 NEWPORT BEACH PLANNING COMMISSION MINUTES 10122/2009 Glenn Peters, Deputy Director of Orange County Museum of Art, speaking on behalf of the Board, noted they support the goals and objectives of this Planned Community and would appreciate having zoning in place that is consistent with the rest of the neighborhood. They need the assurance of the zoning through this amendment to satisfy their responsibility to their Trustees. The property was not included in the original application and they were not aware of this until the public notice and now request that they be included in the Amendment. The notice was adequately broad and would encompass notification of their property. Vice Chairman McDaniel asked how this would change what they already have. Mr. Peters answered the issue drives to the Trustees fiduciary responsibility to the public's interest in the museum. If the zoning changes the underlying value to that property, it is our obligation to pursue maximizing that value. The design regulations and guidelines included in the Planned Community Amendment provide a layer of flexibility and architectural detail that ultimately would inure to our property by being included in the amendment and that ultimately creates value. Therese Hewett, President of Burnham USA, Equities Inc., as owner of two properties on San Joaquin Hills Road and area Block 500 stated the notice does not include Block 500 address and therefore they did not know they were included. However, in talking to other property owners, now would like to be included. They would also like to include their property in Blocks 200 and 300 as the mixed use would increase their flexibility of their property uses. She asked that they be included. At Commission inquiry, she added that right now they are not in the PC and would be able to do mixed use, which would create more flexibility for their properties. She does not understand the transfer of entitlements. Coralee Newman of Government Solutions noted they are perplexed by the public hearing notices done on this project and discussed the addressing and their concerns. Chris Garrett with Latham, Watkins an outside land use counsel for the Irvine Company, noted: ➢ Notice issue — notice describes the Blocks that were involved and maps were included describing the property that was covered. It is required by the Government Code to have a general description of the location. This notice contains that general description. Second requirement is to mail notices to people within a 300 -foot radius who would be affected. Some of the properties proposed to be included were not mailed notices. Those people would certainly find a violation of the noticing requirement because they wouldn't have received a notice that their property might be impacted. ➢ One of the speakers tonight discussed adding Blocks 200 and 300 to this project and you could not do that as there are many property owners who would need to be notified. Page 4 of 10 NEWPORT BEACH PLANNING COMMISSION MINUTES 10122/2009 ➢ The content of the notice is accurate and we are required to indemnify the City for that as it satisfies the provision of the law. We would not be in position to indemnify the City if you were to add more properties if that violation occurs. Our indemnity that is listed in the draft resolution covers both CEQA claims and claims based on zoning and noticing. ➢ A number of agreements exist with these property owners and they have been dealt with in the past. The zoning actions do not affect those agreements at all and they will remain in effect. ➢ We are supportive of any other property owner who wants to join the PC text. The City has made it clear we can not act on behalf of other property owners. The City required an independent evaluation of our application, which is to preserve the existing zoning and use limits. The City hired an outside CEQA consultant and we paid for their research and report. Commissioner Unsworth noted the CEQA exemption would be different. Under what circumstance would this CEQA exemption not be available? Mr. Garrett noted the CEQA determination used for this was that there were no new entitlements to build, expand or change uses as we are keeping the existing limits. If one of the property owners asked to be included so they would be able to have additional square footage or build to a higher level or an addition to office uses, which I am limited to now under the zoning, they will be able to do medical office as well, that's a change in use and requires traffic studies and CEQA evaluation. Commissioner Toerge asked about the indemnity concerns Mr. Garrett noted any additional property would trigger the notice requirements for people within 300 feet. We would not want to indemnify the City for that because we agree with staff about that necessary notification. Mr. Torres noted that the City received a letter from The Irvine Company agreeing to indemnify the City from any challenges that may result from the City's approval today of this application. It has been confirmed that it also extends to any defects and notice that may result in challenge. Mr. Miller stated they do not want to include any other properties tonight and want to move forward with the application. At Commission inquiry, Mr. Torres reiterated that the noticing was adequate. Mr. Alford confirmed that there would be additional property owners that would need to be notified based on the radius map. Public comment was closed. Mr. Lepo noted the issues of analysis, timing and transfer of development rights that only occurs if it is traffic neutral, and that conversion to medical office represents an intensification of parking demand. This applicant should not be made responsible for this. Page 5 of 10 NEWPORT BEACH PLANNING COMMISSION MINUTES 10/22/2009 Mr. Alford noted the following in the staff report as discussed at the previous meeting: Not a change from a discretionary decision to a ministerial decision. Previous transfers were ministerial. ➢ Definition of service has been clarified to serve as access corridors, service tunnels and can not be used for storage or office space. ➢ Height limits and architectural features allowed to extend 20 feet over building height discretion by Planning Director will be noticed to the Planning Commission and City Council. ➢ The Airport Land Use Commission has reviewed this application and found it consistent with the John Wayne Airport Environs Land Use Plan. They asked for language regarding architectural features and roof top equipment to be AELUP compliant. ➢ Parking exceptions now include a 5 percent cap and parking management and engineering offices would be counted towards this requirement. Sign inventory has been updated and a copy has been distributed for review. Commissioner Eaton noted the concern of view of rooftop screen angle; and, a change in use provisions that changes visitor accommodation from minor use to a use permit. Mr. Alford answered the view would be the portion of the street closest to the building. The use provisions language was part of the ongoing corrections and is minor in nature and tightens up the existing regulations. Commissioner Eaton then asked about the transfer of development rights and traffic neutrality. Can transfers be allowed between different properties if this expanded or transferred between the Irvine Company and other owners? What intersections are looked at? How is this done? Mr. Brine noted it is only the p.m. peak hours in assessing traffic neutrality. We only look at intersections when a TPO study is being done or transfer of development rights. You are looking at terms of neutrality from that transfer and at the land uses and the transfer of development rights. If a TPO study is required it would be for a new project that is going to generate new trips, or if the transfer is happening within an area within two distinct Blocks that might change the distribution of traffic into area intersections. Ms. Sharon Wood, Assistant City Manager added that for any development that is covered under the North Newport Center Development Agreement we would not be doing a Traffic Phasing Ordinance study because all the requirements of the TPO were met as part of the public benefits that are included in that Agreement. For a transfer, if it is a conversion of uses then the p.m. peak hour analysis would be all that was done, but if you look at Page 28 of the PC text, Item 3 under transfer of development rights, it says, "depending on the location of the sending and receiving sites, the Traffic Engineer may determine that a more detailed traffic analysis is required, etc. and that analysis is to be done pursuant to the Traffic Phasinq Ordinance procedures and Page 6 of 10 NEWPORT BEACH PLANNING COMMISSION MINUTES 10/22/2009 standards." Commissioner Eaton asked if this amendment would expand the Newport North PC to include areas that were not within the original Development Agreement. Are they treated differently? Ms. Wood answered they would be treated differently only with regard to the Traffic Phasing Ordinance but not with regard to the transfer of development rights. Even though this action would be expanding the details on the procedure for a transfer of development rights to these new properties, the ability to transfer development rights anywhere in Newport Center already exists in the General Plan. It was a General Plan Policy that had always been used for transfer of development rights in Newport Center prior to the time this Planned Community was adopted. The procedure that is spelled out in this PC is the procedure that has been used historically. This is the first time we got it down on paper. Commissioner Hillgren asked about the evaluation of the screening of the rooftop equipment. Depending on where you are looking at the top of the building we need to be sure that the text changes reflect the intent of the screening. What are the conditions of the John Wayne Airport Environs Land Use Plan? How does it work? What is the maximum building height in this area? Mr. Alford noted this application is a code amendment and has to be reviewed by the Airport Land Use Commission. They saw the language dealing with rooftop appurtenances and architectural features and they want to clarify that these too would also have to be consistent with the Airport Environs Land Use Plan. That was always implied, but they wanted this as a statement in the section deal with these features in this Code Amendment. The Airport Environs Land Use Plan extends into this area and is subject to the FAA regulations. We are making sure it is included in this process and will be reviewed for consistency. The building heights vary by blocks. Mr. Miller noted that in the hi -rise buildings they could be as tall as 295 feet with the 20 feet that could be added for the rooftop appurtenances. Blocks 500 and 600, under the old PC, are 375 feet and through this discussion we have agreed to lower the building heights which will be 295 feet. Anything that is over 200 feet, we have to go through the FAA process to get, which is the standard. Mr. Alford noted the appurtenances are projections that can be added to the building height, which would be the parapet. Mr. Miller noted all these appurtenances have to be included in that 295 plus 20 feet. Commissioner Toerge noted his concern of the screening language. He suggested that it read: the top of all roof - mounted equipment and communications devices except the window washing equipment should be below the Parapet or equipment screens. Page 7 of 10 NEWPORT BEACH PLANNING COMMISSION MINUTES 10/22/2009 Mr. Miller noted that language would be acceptable, the only exception would be the window washing equipment as that has to go over the parapet to go down the sides. Commissioner Eaton noted the Design Guidelines are superseded by the regulations. Commissioner Toerge noted that language should be inserted in that area in Rooftop Appurtenances on Page 16 as well. Mr. Lepo verified the language. Commissioner Hillgren noted his concern of the ministerial aspects. The language was specific and gave the Council some ability to engage in conversation when those transactions were contemplated. I believe that change to ministerial should be clearly noticed to the Council as we are potentially changing the deal as it was constructed. Ms. Wood noted the Development Agreement itself does not speak to FAR's or transfers of development rights or procedures other than to refer to the Planned Community text which is incorporated as an exhibit to the Development Agreement. It was the intention that this be ministerial from the beginning. She views this as correcting and making clear what was intended two years ago. Whether the City Council viewed it as she did then or the Commission does now, the Council will find that from the record of your proceedings. Commissioner Unsworth questioned the challenge aspect of a ministerial action and if the City is covered under the indemnity offered as to a legal action? How would it be handled? Mr. Torres answered yes. As noted any challenges would be tended to the Irvine Company as they are charged to indemnification and protection of the City. Any new approval will have an indemnification clause. Mr. Miller noted this is consistent and standard procedure. He noted that he agrees to all the changes as suggested tonight. Motion was made by Commissioner Unsworth and seconded by Commissioner Peotter to adopt a resolution recommending approval of Planned Community Development Plan Amendment No. PD 2009 -003 to Districting Map No. 48, No. 49 and No. 50 (PA2009 -111) with an additional condition to be added related to screening of roof -top equipment. Commissioner Peotter noted modification to language of roof -top appurtenances so that all equipment will be below the top of screen or parapet except for the window washing equipment. Commissioner Eaton noted he could not support the motion due to his concerns of ministerial action and it is not good policy to place a decision in the Page 8 of 10 NEWPORT BEACH PLANNING COMMISSION MINUTES 10/22/2009 hands of the City Council and they have no choice but to approve it if it meets a certain criteria. This is a finding of certainty that there could be no environmental effect. When Council is mandated and compelled based only on p.m. peak hour traffic without knowing if there might be a significant affect on a.m. peak hour traffic, I cant' say we know that as a certainty. Commissioner Unsworth noted it is a common sense CEQA exemption, not to a certainty. I think common sense would indicate here that we are not making enough change to trigger a CEQA challenge. Ayes: Unsworth, Peotter, McDaniel and Toerge Noes: Eaton and Hillgren Absent: Hawkins SUBJECT: Ong Parking Waiver (PA2009 -059) ITEM NO. 3 333 Old Newport Blvd. PA2009 -096 A use permit application to waive the additional off - street parking required for Continued to the conversion of 3,061 square -feet of retail to medical office in an existing 11/05/2009 multi- tenant building. Staff requests this item be continued to November 5, 2009. Motion was made by Commissioner Peotter and seconded by Commissioner McDaniel to continue this item to November 5, 2009. Ayes: Eaton, Unsworth, Peotter, Hawkins, McDaniel, Toerge and Hillgren Noes: None Excused:1 None SUBJECT: Megonigal Residence (PA2007 -133) ITEM NO. 4 2333 Pacific Drive PA2007 -133 A use permit application to waive the additional off - street parking required for Continued to the conversion of 3,061 square -feet of retail to medical office in an existing 11/19/2009 multi- tenant building. In reviewing the comments received on the draft EIR and preparing responses, staff reviewed the images and view simulations that were included in the draft EI and noted there may be some scaling error that could affect the size of the image of the dwelling shown in the view shed. These simulations need to be verified an staff needs time for this review. Staff requests this item be continued to November 19, 2009. Chairperson Hawkins noted that for reasons of having the entire new vie simulations available for public review this matter should be continued and no open the public hearing until everybody has the materials and then everyone will be on the same page. Motion was made by Commissioner McDaniel and seconded by Page 9 of 10 NEWPORT BEACH PLANNING COMMISSION MINUTES 10/22/2009 Commissioner Hillgren to continue this item to November 19, 2009. At Commission inquiry, Mr. Lepo noted that if the revised simulation shows such a dramatic change, staff will let you know. Mr. Torres added if the consultant recommends a re- circulation of the draft EIR, staff will bring back that recommended action for Planning Commission determination. Nothing has been decided. Chairman Hawkins asked if staff could make that determination and therefore start the process. Mr. Torres answered if it came back and it was a clear decision by the EIR consultant that it needed to be re- circulated and if staff agrees, it could actually occur. Commissioner Peotter asked what images are in question. Mr. Lepo answered it is the view simulation contained in the EIR that is in question. Following a discussion on the process to be used, it was recommended that staff give an update at the November 5'" meeting during New Business. Ayes: Eaton, Unsworth, Hawkins, McDaniel, Toerge and Hillgren Noes: Peotter Excused:1 None Motion was made to forgo the rest of the agenda. All Ayes NEW BUSINESS: City Council Follow -up — Planning Commission reports. — Announcements on matters that Commission members would like placed on a future agenda for discussion, action, or report — Requests for excused absences —none. ADJOURNMENT: 8:30 p.m. CHARLES UNSWORTH, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION Page 10 of 10 Attachment No. CC 12 October 22, 2009, Planning Commission staff report CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT October 22, 2009 Meeting Agenda Item 2 SUBJECT: North Newport Center Planned Community Amendment (PA2009 -111) 100, 150, 180, 190, 450 Newport Center Drive and 5100 Plaza Colony Code Amendment No. CA2009 -005 • Planned Community Development Plan Amendment No. PD2009 -003 APPLICANT: Irvine Company PLANNER: Patrick J. Alford, Planning Manager (949) 644 -3235 PAlford(a newoortbeachca.gov PROJECT SUMMARY A planned community text amendment to incorporate portions of Block 100, Block 400, Block 800, and Newport Village into the North Newport Center Planned Community and a code amendment to change the zoning classification of these properties from APF, PC -28, PC -23, and PC 27 to PC -56 on Districting Maps Nos. 48, 49, and 50. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt a resolution recommending approval of Planned Community Development Plan Amendment No. PD2009 -003 and Code Amendment No. CA2009 -005 to the City Council (Attachment No. PC1). North Newport Center Planned Community Amendment October 22, 2009 Page 2 DISCUSSION This item was continued for the October 8, 2009 Planning Commission meeting. The Planning Commission directed staff to address several issues relating to the proposed North Newport Center PC Development Plan and Design Regulations (Development Plan). Transfer of Development Rights. The Planning Commission requested confirmation that the proposed language changes of the transfer of development rights procedure are intended to clarify existing practice; that is not a change from a discretionary decision to a ministerial decision. The Office of the City Attomey has reviewed all of the documents associated with previous City Council approvals of transfers of development rights. These documents confirm that the City Council's actions were ministerial decisions. Definition of 'Service Tunnels." It is proposed that covered porches, walkways and loading docks, service tunnels, mechanical shafts, and mechanical spaces on roofs, which are inaccessible to tenants not be counted towards the floor area limits contained in the Development Plan. The Planning Commission indicated that the definition for "service tunnels" was too broad and could be interpreted as allowing them to be used for storage areas and office space for maintenance personnel. Staff worked with the applicant to tighten up the definition for service tunnels. It is now proposed to read as follows: Service Tunnels: A corridor limited to access for building supply and maintenance personnel and equipment including horizontal and vertical tunnels and shafts, and freight elevators, not intended for customer circulation or access, and not for use as storage or office space. Height Limits /Architectural Features. It is proposed that architectural features be permitted to exceed the maximum building height up to 20 feet. The Planning Commission indicated that this provision may give too much discretion to the Planning Director. The Zoning Code allows architectural features to exceed permitted height limits with the approval of a modification permit by the Zoning Administrator. The proposed height limit exception was intended to reflect this provision. To address the Planning Commission's concerns, the applicant has agreed to language that requires the Planning Director to notify the Planning Commission and City Council when rooftop appurtenances or architectural features in excess of the height limit are approved. This will allow the Planning Commission and City Council the opportunity for appeal. North Newport Center Planned Community Amendment October 22, 2009 Page 3 On October 15, 2009, the Airport Land Use Commission (ALUC) held a hearing on the proposed amendment. The ALUC found the amendment to be consistent with the Airport Environs Land Use Plan (AELUP) for John Wayne Airport. However, the ALUC requested language clarifying that the height limit exception for architectural features and rooftop appurtenances comply with the AELUP. Therefore, staff is recommending the following revised language to Section IIIA2d and Section IIIA2d: C. Rooftop Appurtenances Rooftop appurtenances are permitted and may exceed the maximum building height up to 20 feet. Rooftop Appurtenances shall demonstrate compliance with conditions related to the Airport Environs Land Use Plan (AELUP) for the John Wayne Airport, consistent with Section /it (A) (1) (a)Rooftop appurtenances must be screened from view from street level adjacent to the building. Supports for window washing equipment are permitted, and are not required to be screened from view. No setbacks are required. The Planning Director shall notify the Planning Commission and City Council if rooftop appurtenances above the height limit are approved, consistent with Section IV (A)(3). d. Architectural Features Architectural features are permitted and may exceed the maximum building height up to 20 feet. Such features must be an extension of the architectural style of the building in terms of materials, design and color. Architectural features shall demonstrate compliance with conditions related to the Airport Environs Land Use Plan (AELUP) for the John Wayne Airport, consistent with Section U! (A) (1) (a). The Planning Director shall notify the Planning Commission and City Council if architectural features above the height limit are approved, consistent with Section IV (A)(3). Parking Exceptions. It was proposed that accessory, ancillary and support uses less than 5,000 square feet not be included in the calculation of required parking. The Planning Commission indicated that this exception was too large. Staff worked with the applicant to revise language that was closer to the Planning Directors original interpretation. The exception would be capped at 5 percent of the gross floor area and parking management and engineering offices would be counted as square footage and would be required to provide off - street parking: Kiosks and sundry shops serving tenants, including accessory, ancillary and support uses less than 5 percent of the gross Floor area, are not counted as square footage and do not require parking. Parking management or engineering offices located in parking structures are counted as square footage and require parking. Signs. The Planning Commission was concemed that the proposed sign regulations were too permissive, particularly with letter heights. North Newport Center Planned Community Amendment October 22, 2009 Page 4 The applicant has incorporated additional limits to the sign regulation table to reflect current conditions. However, the applicant has not completed this task as of this writing. The applicant will submit a letter to the Planning Commission prior to meeting with an updated table. Alternatives The Planning Commission may recommend approval of a modified project to the City Council or disapprove the application (if an amendment is disapproved, no further action is taken, unless appealed to the City Council). Environmental Review This action is covered by the general rule that the California Environmental Quality Act (CEQA) applies only to projects that have the potential for causing a significant effect on the environment (Section 15061.b.3 of the CEQA Guidelines). It can be seen with certainty that there is no possibility that this activity will have a significant effect on the environment. Therefore, this activity is not subject to CEQA. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. Prepared by: 4� Patrick J. Alford, Planning Manager ATTACHMENTS PC 1 Draft Resolution Submitted by: David Lepo, Plan tng Director PC 2 Draft revised North Newport Center PC Development Plan PC 3 Draft revised Block 400 PC Development Plan PC 4 Correspondence F:IUSERSIPMSharedTNs\PAs - 20091PA2009- 11112009 -10 -08 PC staff report.docx Attachment No. CC 13 Correspondence NOTICE OF PUBLIC HEARING North Newport Center Planned Community Amendment NOTICE IS HEREBY GIVEN that on Tuesday, November 10, 2009, at 7:00 p.m., a public hearing will be conducted in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach. The City Council of the City of Newport Beach will consider the following application: North Newport Center Planned Community Amendment — A planned community text amendment to incorporate portions of Block 100, Block 400, Block 800, and Newport Village into the North Newport Center Planned Community and a code amendment to change the zoning classification of these properties from APF, PC -28, PC -23, and PC 27 to PC -56 on Districting Maps Nos. 48, 49, and 50. On October 22, 2009, the Planning Commission of the City of Newport Beach recommended approval of the proposed amendment to the City Council with minor changes to the text relating to the screening of rooftop appurtenances. This action is covered by the general rule that the California Environmental Quality Act (CEQA) applies only to projects that have the potential for causing a significant effect on the environment (Section 15061.b.3 of the CEQA Guidelines). It can be seen with certainty that there is no possibility that this activity will have a significant effect on the environment. Therefore, this activity is not subject to CEQA. All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing (described in this notice) or in written correspondence delivered to the City, at, or prior to, the public hearing. The agenda, staff report, and documents may be reviewed at the Planning Department (Building C, 2nd Floor), 3300 Newport Boulevard, Newport Beach, California, 92663 or at the City of Newport Beach website at www.newportbeachGa.gov on the Monday prior to the hearing. For questions regarding details of the project please contact Patrick J. Alford, Planning Manager, at 949 - 644 -3235 or palfordanewportbeachca.gov. Project File No.: PA2009 -111 Applicant: Irvine Company Location: 110, 120, 130, 140, 160, and 170, 450 Newport Center Drive and 5100 Plaza Colony; southwest corner of MacArthur Boulevard and San Joaquin Hills Road; southwest corner of San Nicolas Drive and Avocado Avenue; and northwest corner of San Miguel Drive and Avocado Avenue. Activity No.: CA2009 -005, PD2009 -003 Zone: Administrative, Professional, Financial (APF) and Planned Community (PC -28, PC -23, PC -27, and PC -56) General Plan: Regional Commercial Office (CO- R), Commercial Office Medical (CO -M), Regional Commercial (CR), Multiple Unit Residential (RM), Mixed Use Horizontal 3 (MU- 1-13), and Open Space (OS) aAo�' 1. �� Leilani I. Brown, City Clerk City of Newport Beach T A83AV- 09-008 -1, f - An-dod pjogw al JalanaJ luap a6jetp T New t� ��I�,��J 11 eye6 a +zas�h ;n woY,(Jane Mnnnn i ap idle aJny�ey el zallda8 ' T�W21W j } anbl ;� The Irvine Company 440 - 132 -55 City Of Newport Beach PC Box 176.8 Newport Beach. CA 52658 -8915 440- 192 -01 Robert K Fujioka 2660 Vista Del Oro Newport Beach, CA 92660 -3506 440 - 192 -04 Irvine Company 2654 Vista Del Oro Newport Beach, CA 92660 -3506 440 - 192 -07 David G Gilbert 133 Jasmine Creek Dr Corona Del Ma, CA 92625 -1422 440 - 192 -10 Larry I Smith 3033 Carob St Newport Beach, CA 92660 -3216 440- 192 -13 Sue M Pendergraft 2636 Vista Del Oro Newport Beach, CA 92660 -3506 440- 192 -16 Douglas D Smith *B* 2630 Vista Del Oro Newport Beach, CA 92660 -3506 440 - 192 -19 Anita Andre 2624 Vista Del Oro Newport Beach, CA 92660 -3506 440- 192 -22 Serry & Janet Smalling 400 Vista Roma Newport Beach, CA 92660 -3513 440 - 192 -25 Isabelle V Roossin 1942 Port Bristol Cir Newport Beach, CA 92660 -5411 t9"0965 440- 191 -02 Bluff North 3009 Daimler St Santa Ana, CA 92705 -5812 440 - 192 -02 Michael G Smith *B* 3607 Blue Ky Corona Del Me, CA 92625 -1202 440 - 192 -05 Preston 810 A Ave Coronado, CA 92118 -2646 440 - 192 -08 Thomas R Wiessler 2646 Vista Del Oro Newport Beach, CA 92660 -3506 440 - 192 -11 Rod & Maureen Palomino 2640 Vista Del Oro Newport Beach, CA 92660 -3506 440 - 192 -14 R Eiszele PO Box 8261 Newport Beach, CA 92658 -8261 440 - 191 -03 Bluff North 3009 Daimler St Santa Ana, CA 92705 -5812 440- 192 -03 James N Agrusa 1905 Suva Cir Costa Mesa, CA 92626 -3541 440 - 192 -06 Jeri B Stathis 2650 Vista Del Oro Newport Beach, CA 92660 -3506 440 - 192 -09 Ferry Fiona 2001 Galatea Ter Corona Del Ma, CA 92625 -1816 440- 192 -12 Robert B Belknap *M* 2638 Vista Del Oro Newport Beach, CA 92660 -3506 440- 192 -15 Patricia Geon 2632 Vista Del Oro Newport Beach, CA 92660 -3506 440 - 192 -17 440 - 192 -18 Janice E Cowan *B* Shannon Pietro 2628 Vista Del Oro 2626 Vista Del Oro Newport Beach, CA 92660 -3506 Newport Beach, CA 92660 -3506 440 - 192 -20 Dale L Dykema 2622 Vista Del Oro Newport Beach, CA 92660 -3506 440 - 192 -23 Ferry Fiona 2001 Galatea Ter Corona Del Me, CA 92625 -1816 440 - 192 -26 Maryalaine Herbert 408 Vista Roma Newport Beach, CA 92660 -351 -s .Ja6p3 dndod asodxa of auu 6ume ouaa Jaded PaDd 440 - 192 -21 Michael Sandman 2620 Vista Del Oro Newport Beach, CA 92.660 -3506 440 - 192 -24 Maureen Downey 314 33Rd St Newport Beach, CA 92663 -3132 440 - 192 -27 Guy Johnson 2957 Catalpa St Newport Beach. CA 92660 -3222 009 LS a;eldwal ®tianV asD T /.83AV-09-009-L T widn -dod PJOgW al Jala^aJ ivawa6jeq 7 0915 AH3AV 1!jege6 ai zasgl4fl wortiane•Mennn i ap uye wn4W4 el @ zaOdaH ap suag ®ialad q salpe; sauanbg� 440- 192 -30 440 - 192 -31 440- 192 -32 Hirschi Rhetta Duey w Cook 416 Vista Roma 416 Vista Roma 420 Vista Roma Newport Beach, CA 92660 -3513 Newport Beach, CA 92660 -3513 Newport Beach, CA 92660 -3513 440 - 251 -04 440- 361 -13 440 - 361 -14 Park Newport Land Ltd Trachtman 2005 Frank Frain 201 Filbert St 700 1625 Arch Bay Dr 1627 Arch Bay Dr San. Francisco, CA 94133 -3242 Newport Beach, CA 92660 -6023 Newport Beach, CA 92660 -6023 440 - 361 -15 440 - 361 -16 440 - 361 -17 Arm Anthony Maad Okko Starlene M Licudine 1_629 Arch Bay Or 4 Dawn Ln 1633 Arch Bay Or Newport Beach, CA 92660 -6023 Aliso Viejo, CA 92656 -8022 Newport Beach, CA 92660 -6023 440- 361 -18 440- 361 -19 440 - 361 -20 Nan Xu Valerie C Chan Prachum Maleenont 1620 Arch Bay Dr 1618 Arch Bay Dr 1616 Arch Bay Dr Newport Beach, CA 92660 -6000 Newport Beach, CA 92660 -6000 Newport Beach, CA 92660 -6000 440- 361 -31 440- 361 -32 442- 011 -24 Harbor Cove Community Assn Harbor Cove Cgmmyni,.ty -Assn Scott T Burnham 23726 Birtcher Dr 23726 Birtcher Dr 1100 Newport Center Dr 150 Lake Forest, CA 92630 -1771 Lake Forest, CA 92630 -1771 Newport Beach, CA 92660 -6297 442- 011 -37 442 - 011 -39 442 - 011 -41 David Ellis David Ellis CL— .! Hhr Newport Beach Llc 1470 Jamboree Rd 1470 Jamboree`Rd PO Box 579 Newport Beach, CA 92660 -6203 Newport ,Beach, CA 92660 -6203 Louisville, TN 37777 -0579 442 - 011 -51 442- 011 -52 442 - 011 -64 Golf Realty Fund Golf Realty Fun= ---- -- Golf Realty Fund 1 Upper Newport Plz 1 Upper Newport Plz 1221 W Coast Hwy Newport Beach, CA 92660 -2630 Newport bleach, CA 92660 -2630 Newport Beach, CA 92663 -5026 442 - 011 -65 442 - 011 -66 442- 014 -22 Golf Realty Fund L -- - Irvine Co Orange County Transit District 1 Upper Newport Plz 550 Newport Center Dr 11222 Acacia Pkwy Newport Beach, CA 92660 Newport Beach, CA 92660 -7011 Garden Grove, CA 92840 -5208 .,:42- 014 -27 442 - 032 -25 442-032-31 City Of Newport Beach Big Canyon Community Assn Big Canyonommunity Assn. 3300 Newport "'9L =�� PO Box 7091 PO Box 799'. Newport Beach: 'CA 92663 -3816 Newport Beach, CA 92658 -7091 Newport Beach, CA 92658 -7091 442- 032 -40 442- 032 -44 442 - 032 -58 Big Canyon Community Assn Irvine Four Llc Big Canyon Country Club PO Box 709'. 2730 Wilshire Blvd 300 1 Big Canyon Dr Newport Beach, CA 92658 -7091 Santa Monica, CA 90403 -4749 Newport Beach, CA. 92660 -5202 7w�OB65 ®w�.�^d „,a6P3 dn-d0d asodxa jaded paa3 ®09LS SW1dU".L *4 �V "n i 04 gull 6u01e pugs - i a -x A+ T AB3AV- O9-008-L T WAn -dod PJogw a! japAgi 3uawa5Je43 f ap sua5 00915 pA83AV 3!iege6 ai zas!!!iH woyAiane,&v" i op uge wn43eg e! B zapda8 - _ ja!ed a salpel sauenb!q 442 '32 -69 442- 032 -7= 442- 081 -02 Big Canyon Countr -.61uh St Church Knott Avenue Property Inc 1 Big Canyon D! 2200 San Joaquin Hills Rd PO Box 85012 Newport 13eah, CA 92660 -5202 Newport Beach, CA 92660 -6520 San Diego, CA 92186 -5012 442 - 081 -03 442 - 081 -05 442- 081 -09 Burnham- Newport Llc Ron E Presta San Joaquin 2161 Llc PO Box 85012 PO Box 7099 369 San Miguel Dr 300 San Diego, CA 92186 -5012 Newport Beach, CA 92658 -7099 Newport Beach, CA 92660 -6507 442 081 -11 442 -081 -12 442- 082 -08 16^11 Avocado Lie Newport Diagnostic Center Inc Ncmb No 3 L16_r 1605 Avocado Ave 1605 Avocado Ave 1401 Avocoo -Ave 901 Newport Beach, CA 92660 -7725 Newport Beach, CA 92660 -7725 Newport Beach, CA 92660 -7785 442- 082 -11 442- 082 -12 442 - 082 -13 Ncmb No 1 L1C Ncmb No 4 Lle Ncmb No 4 Llc-. _401 Avocado Ave 901 1401 Avocado Ave 901 1401 Avocado Ave 901 _ Newport Beach, CA 92660 -7785 Newpprt-Beach, CA 92660 -7785 Newporr beach, CA 92660 -7785 442 082 -14 442- 091 -01 442 - 091 -02 Ncmb No 2 Lie Eastlund Properties Eastlund Prpper9ies 1401 Avoc� -Ave 901 PO Box 9888 PO Box 9888 Newport". Beach, CA 92660 -7785 Newport Beach, CA 92658 -1888 Newport .Beach, CA 92658 -1888 442- 091 -03 442 - 091 -04 442- 091 -05 Benjamin Kraut 369 San Miguel Drive Assoc Irvine Cc Of W Va 3921 Sandune Ln PO Box 85012 550 Newport Center Or Corona Del Ma, CA 92625 -1625 San Diego, CA 92186 -5012 Newport Beach, CA 92660 -7011 442 - 091 -06 442- 091 -07 442 - 091 -08 Beach Newport James E Rich Trail Prop Llc Corp PO Box 9888 802 S Bayfront PO Box 9888 San Diego, CA 92169 -0888 Newport Beach, CA 92662 -1133 Newport Beach, CA 92658 -1888 442- 091 -12 442 - 091 -15 442 - 091 -16 Trail Properties Llc Inc San Miguel Plaza Owners Assn Trail Properties Llc Inc 7132 Regal Ln 1367 Avocado Ave PO Boxy 9889. Knoxville, TN 37918 -5803 Newport Beach, CA 92660 -7801 Newport Beach, CA 92658 -1888 442 - 161 -03 442- 161 -04 442 - 161 -05 220 Newport Center Drive Llc 230 Newport Center Or Llc 240 Newport Center Drive Assoc 220 Newport Center Or 19 ! PO Box 9888 PO Box 9888 Newpert Beach. CA 92660 -7507 y San Diego, CA 92169 -0888 San Diego, CA 92169 -0868 442- 161 -06 442- 161 -11 442 - 161 -12 Joyce Beall Eastlund Properties Llc Ronald B Schwartz 6717 N Central Ave PO Box 9888 202 Newport Center Or Phoenix, AZ 85012 -1015. Newport Beach, CA 92658 -1888 Newport Bead:, CA 92660 -75 "5 T T ms5p3 d esodxa jedy pwN ®0915 aleldwal obanw asN T Aa3AV-09-008-L T.,dn-dod PJogaJ al Jalanai luawa6jeg3 f p09LS ©AH3AV i!jege6 a1 zes!!!in woyAjane-MMM a ul a wn �e e e zal da ap sues , la ad a sa ue sa anb! P! 4 4 I. I N V I 1. 1 ii i� 442 - 161 -16 442 - 161 -17 442- 161 -18 Trail Properties Llc Inc Design Plaza Owners Assn 270 Newport Center Dr Lic PO Box 9888 505 S Villa Real 505 PO Box 9888 Newport Beach, CA 92658 -1888 Anaheim, CA 92807 -3445 San Diego, CA 92169 -0888 442 - 171 -52 442 - 171 -53 442 - 171 -59 Betty 3 Barman Richard L Dewitt Darrel D Anderson 4 Rue Saint Cloud 2 ,Rue Saint Cloud 1 Rue Saint Cloud Newport Beach, CA 92660 -5909 Newport Beach, CA 92660 -5909 Newport Beach, CA 92660 -5905 442- 171 -55 442- 171 -56 442 - 171 -63 Cynthia S Graff Vivian H Monroe Big Canyon community_ Assn 3 Rue Saint Cloud 5 Rue Saint Cloud PO Box 7091 Newport Beach, CA 92660 -5909 Newport Beach, CA 92660 -5909 Newport Beach, CA 92658 -7091 442 - 171 -64 442 - 171 -65 442 - 171 -66 Big Canyon Community Assn Canyon View Community Assn Canyon ViewCqOmmunty Assn PO Box 7 "a" ' PO Box 4708 PO Box A-70S Newport Beach. CA 92658 -7091 Irvine, CA 92616 -4706 Irvine, CA 92616 -4708 442 - 171 -98 442 - 171 -99 442 - 180 -01 Canyon View '0mmuhity Assn Big Canyon C munity Assn Erickson Indsts Inc PO Box 4708- _M.-- - - "'- PO Box 7091 i 3861 Wisteria St Irvine;- CA 92616 -4708 Newport - Beach, CA 92658 -7091 Seal Beach, CA 90740 -3106 442- 180 -02 442- 180 -03 442- 181 -24 Erickson Indsts Inc Irvine Co Wells Fargo Series 2006 -Shll 3861 wisst�t / 550 Newport Center Dr 24025 Sorrento Park 150 Seal.BEach, CA 90740 -3106 Newport Beach, CA 92660 -7011 Calabasas, CA 91302 442 -- 181 -25 442- 181 -26 442 - 181 -39 Robert Myers Gregory Berry John Hofferlin *B* 30 Rue Fontainbleau 32 Rue Fontainbleau 7 Rue Chateau Royal Newport Beach, CA 92660 -5905 Newport Beach, CA 92660 -5905 Newport Beach, CA 92660 -5904 442- 181 -40 442- 181 -41 442- 181 -42 3ekir & Heather Besen Michael & Erin Thomson Behdad Akbarpour 5 Rue Chateau Royal 8 Rue Chantilly 1 Rue Chateau Royal Newport Beach, CA 92660 -5904 Newport Beach, CA 92660 -5903 Newport Beach, CA 92660 -5904 442- 1B1 -43 442 - 181 -44 442 - 181 -45 Colleen B Manchester John Gaughan *B* Donna L Holden 2 Rue Chateau Royal 17291 Irvine Blvd 411 6 Rue Chateau Royal Newport Beach, CA 92660 -5904 Tustin, CA 92780 -2932 Newport Beach, CA 92660 -5904 442 - 181 -46 1 442 - 181 -50 442- 181 -51 Tillman I Segal 'r Judith E Freeman Holly & Casey Davis a Rue Chateau Royal 3 Rue Montreux 1 Rue Montreux Newport Beach. CA 9922660 -5904 ,,.►Newport Beach, CA 92660 -5908 Newport Beach. CA 92660 -5902 I and . �� { ®09Ls ale!dwl®tianV asn ; u095 ®A?7Ad n� a g — cue. ■ 11 U AB3AV-OD -008 -L - An-dod piogaj al ia!anaJ ivawa6je43 T ap sues ®09L5 0AH3AV 3!iege6 a! za51!!3n w0X/J8Ae•MMM ap uge wnspeq e! @ zagda8 - ja!ad a sa!nei sauanb!3� 442 - 181 -52 442- 181 -53 442- 181 -54 Douglas C Coulter Judy L Culp Moira Podliska 21 Rue Fontainbleau 19 Rue Fontainbleau 17 Rue Fontainbleau Newport Beach, CA 92660 -5920 Newport Beach, CA 92660 -5920 Newport Beach, CA 92660 -5920 442 - 181 -55 442- 181 -56 442 - 181 -59 Canyon Mesa Community Assn. Canyon Mesa Community Assn Canyon Mesa Commurity Assn PO Box 7931 PO Box 7931— PO Box 7931 - -' Newport Beach, CA 92656 -7931 Newport Beach, CA 92658 -7931 Newport Beach, CA 92658 -7931 442 - 181 -61 442- 231 -08 442- 231 -09 Canyon Mesa Community Assn 180 Newport Center Llc Southwest Investors PO Box 793 18101 Von Karman Ave 1050 PO Box 1960 NewporC-Beach, CA 92658 -79 }i Irvine, CA 92612 -7133 Newport Beach, CA 92658 -8932 442- 231 -12 442- 23 1-13 442- 261 -01 Beacon Bay Enterprises John Hamilton Irvine Co (�, 1600 Sunflower Ave 1100 100 Newport Center Dr 100 550 Neewwper -t c!em er'Dr Costa Mesa, CA 92626 -1544 Newport Beach, CA 92660 -6990 Newpo -rt Beach, CA 92660 -7011 442 - 261 -05 442- 261 -07 442- 261 -08 Orange County Museum Of Art City Of Newport Beach City Of I eewpflrt Beach 850 San Clemente Dr 3300 Newport Blvd 3300.Newport Blvd Newport Beach, CA 92660 -6301 Newport Beach, CA 92663 -3816 Newport Beach, CA 92663 -3816 442 - 261 -09 442 - 261 -10 442- 261 -17 City Of N rt Beach Ron E Presta Orange County Museum Of Art 3300 NewpLvd PO Box 7099 850 San Clemente Dr Newpdhf each, CA 92663 -3816 Newport Beach, CA 92658 -7099 Newport Beach, CA 92660 -6301 442- 262 -01 442- 262 -03 442 - 271 -12 Pacific Mutual Life Cshv Pacific Financial Llc Mitchell A Junkins 700 W Newport Center Dr 515 S Flower St 6Th 12 Corporate Plaza Or 140 Newport Beach, CA 92660 -6307 Los Angeles, CA 90071 -2201 Newport Beach, CA 92660 -7986 442- 271 -13 442- 271 -14 442 - 271 -15 William W Lange Peter L Fitzpatrick Heritage One Llc 13 Corporate Plaza Dr 150 14 Corporate Plaza Dr 4188 Mariposa Dr Newport Beach, CA 92660 -7919 Newport Beach, CA 92660 -7913 Santa Barbara, CA 93110 -2438 442- 271 -16 442 - 271 -17 442 - 271 -30 Parkway Marguerite 11 Corporate Plaza Assoc Lle Irvine Company 100 Newport Center Dr 200 17 Corporate Plaza Dr 550 Newport- xienLer –Sr Newport Beach, CA 92660 -6994 Newport Beach, CA 92660 -7902 New Beach, CA 92660 -7011 442- 271 -34 442- 381 -01 442 - 381 -02 Scott Boras Gerald H Mc Quarrie Peter B Perrin *M• 18 Corporate Plaza Dr 1095 S 800 E 1 12 Canyon Fairway Dr Newport Beach, CA 9266 ^. -7901 Orem, Lr 84097 -7252 - -- Newport Beach, CA 92660 -5916 T �� !� 09 L S aie!dwel 0tianv asn w &ONS dhA)4=AM {�1 � u3ur .rm /ededP�i ® �,�,.�. _, »� c.o, T A113AV-O9-008 -L ' woYAJOAUAVAnn -142- 381 -03 Albert J Crosson 10 Canyon Fairway Dr Newport Beach, CA 92660 -5916 =42- 361 -16 .:ames J Muffie 4 Canyon Fairway Dr Newport Beach, CA 92660 -5916 442 - 381 -09 Brian Martini 3 Canyon Ct Newport Beach, CA 92660 -5918 442 - 381 -12 Sandra L Mitchell 9 Canyon Ct Newport Beach, CA 92660 -5918 442 - 381 -16 Canyon Fair •a C 1ty Assoc. 1 10 Box 470Pn Irvine, -CA 92616 -4708 442 - 391 -01 Mie Katayama 2233 Martin 402 Irvine, CA 92612 -1452 442- 391 -04 Richard R Mc Closkey 4001 Macarthur Blvd 3 Newport Beach, CA 92660 -2505 442 391 -07 Makarechian 3535 E Coast Hwy 351 Corona Del Ma, CA 92625 -2404 442 - 391 -10 Canyon Fairway Community, Assoc PO Box 4708 Irvine. S'A 92616 -4708 r 442- 391 -13 Canyon Fa -rway Co=nun :tC PO Box 47Ce �--_ -_- iry -net �A 926:£ -4708 1 ..965 ®AN_RAW nv 1 widn -dod pjogaj al ja1aAgJ luawa6jeLp T ap uye wmpeg el a za!lda8 ap sues ; V i 442- 381 -04 William K Russell 8 Canyon Fairway Dr Newport Beach, CA 92660 -5916 442 - 381 -07 James Tomk-:nson 2 Canyon Fairway Dr Newport Beach, CA 92660 -5916 442 - 381 -10 Ramon & Jamie Lopez *B* 5 Canyon Ct Newport Beach, CA 92660 -5918 442- 381 -13 Canyon Fairway Community Assoc. PO Box 4708 Irvine, CA 92616 -4708 442- 381 -17 Canyon Faiay Community ASSOC. PO Box 470q,:_"; Irvine -, - -CA 92616 -4708 442 - 391 -02 Wah Lim 30 Canyon Fairway Dr Newport Beach, CA 92660 -5916 442- 391 -05 Roger & Ruth Miller 24 Canyon Fairway Dr Newport Beach, CA 92660 -5916 442- 391 -08 Raleigh L Shaklee 18 Canyon Fairway Dr Newport Beach, CA 92660 -5916 442- 391 -11 Canyon Fa• ay Con7mni* -y Assoc PO Box Irvilre, - "CA 92616 -4708 442- 391 -14 Canyon Fairway Communitv Assoc PO Box 4708 Irvine, CA 92016 -4708 ni943 dn-dod esodxa jeded pay , m auu 6un,o nuaa ®09LS 0AB3AV i!Jege6 al zasivin iajad a sal!aei sauanb!q 442 - 381 -05 Presley Hacker 6 Canyon Fairway Dr Newport Beach, CA 92660 -5916 442- 381 -08 Kim E Catarzarite 1 Canyon Ct Newport Beach, CA 92660 -5918 442- 381 -11 Funahashi -Wu 7 Canyon Ct Newport Beach, CA 92660 -5918 442 - 381 -15 Canyon. Faircwe!.COm(nunity Assoc PO Box 9708 ' Irvine— CA 92616 -4708 a 442 - 381 -18 Canyon Fairway Community Assoc PO Box 474L -- Irvine, CA 92616 -4708 442 - 391 -03 Sebastian Musco 28 Canyon Fairway Dr Newport Beach, CA 92660 -5916 442- 391 -06 Isidore C Myers 22 Canyon Fairway Dr Newport Beach, CA 92660 -5916 442 - 391 -09 John T French 16 Canyon Fairway Dr Newport Beach, CA 92660 -5916 442- 391 -12 Canyon Fair ay Conunity Assoc PO Box 470 Irvine, CA-264=6 -4708 i 442- 421 -09 Granville Community Assn Peckei PO Box 19703 – Irvine, CA 92623 -9703 sots nopkiftokmvan , ewr� _m�Loa AH3AV-09-008 -L dD -dod p� 3uaa6�ey� 009LS pAH3AV 111ege5 al zesimn worA3ane•ro3nenn a U1 ;e am 3e a zal da ap sues , ja ed a sa oe sallanh11 P! y 4 le I H , I I. 1 3 442- 421 -10 Mcmonigle Residential 42 31ae Heron Irvine, CA 92603 -0307 458- 301 -03 Rg Reality Llc 2304 San Joaquin Hill Ne%mort Beach, CA 92625 -1113 458 - 631 -19 Maria Chan -672 Placentia Ave Costa Mesa, CA 92627 -43 12 458- 631 -22 Pointe - Newport Ha or 431 N Bro -- st St 100 Anah CA 92801 -5620 939 -63 -731 Gordon Cook 1007 Granville Dr Newport Beach, CA 92660 -6205 939 -63 -734 Paul W Hitzel1verger 4760 Highl�6d--D'F 6 Salt Lak-- Cit, UT 84117 -5149 939 -63 -737 Eugene Dorsey 177 Riverside Ave Newport Beach, CA 92663 -4032 939 -63 -740 Rene WOOlnott *M* 3213 Five Points Rd Marshall, VA 20115 -3417 939 -63 -743 Drucilla D Finkle 1031 Granville Dr Newport Beach, CA 92660 -6205 939 63 -746 Robert E French 1037 Granville Dr Newport Beach, CA 92660 -6205 1 w.0965 ®AMMAW 442 - 421 ran..__ -e "....c _._ - -_ r-ssn Pecker PO Box 19703 Irvine. CA 92623 -9703 458- 301 -08 Rogers Realty Zlc 2301 San Joaquin Hills Rd Corona Del Ma, CA 92625 -1113 458- 631 -2C Zang Cho 29 Harbor Pointe Or Corona Del Ma, CA 92625 -1333 939 -63 -729 James & Esther Cavanaugh 554 Dorset Rd Devon, PA 19333 -1845 939 -63 -732 Louis F Sabatasso 1009 Granville Dr Newport Beach, CA 92660 -6205 939 -63 -735 E Dorsey 177 Riverside Ave Newport Beach, CA 92663 -4032 939 -63 -738 William Ring 1021 Granville Or Newport Beach, CA 92660 -6205 939 -63 -741 Rene Woolcott 1027 Granville Dr Newport Beach, CA 92660 -6205 939 -63 -744 Frank Legrand 1033 Granville Dr Newport Beach, CA 92660 -6205 939 -63 -747 Donald Robinson 1039 Granville Dr Newoort Beach. CF. 92660 -62-05 h,a6p3 dD -dod asodxa [9ded peal 442 - 421 -_3 Phiil` -p D Race -MP 1139 Granville Dr Newport Beach, CA 92660 458- 302 -09 Irvine Apartment Communities 3Rd Fl Newport Beach, CA 92660 458 - 631 -21 Pointe- Newport Harbor 431 N Brookhurst St 100 Anaheim, CA 92801 -5620 939 -63 -730 Oral Roberts 1005 Granville Dr Newport Beach, CA 92660 -6205 939 -63 -733 Paul & Jane Hitzelberger 4760 Highland Dr 604 Salt Lake Cit, UT 84117 -5149 939 -63 -736 John C Warner 1017 Granville Dr Newport Beach, CA 92660 -6205 939 -63 -739 Alex Jianas 1023 Granville Dr Newport Beach, CA 92660 -6205 939 -63 -742 Hobart A Smith 1029 Granville Or Newport Beach, CA 92660 -6205 939 -63 -745 Susan K Meyer 1035 Granville Dr Newport Beach, CA 92660 -6205 939 -63 -748 John Loesel -B- 1041 Granville Dr Newport Beach., CA 92660 -6205 I opglSoleldw4L�3I3aetles� Easy Peel® Labels ♦ i Bend along line to Q AVERY® 5960TM 1 Use AveryO Template 51600 j Feed Paper expose Pop -Up Edge *"' , 939 -63 -749 Douglas A Newcomb 1043 Granville Or Newport Beach, CA 92660 -6205 939 -63 -752 Dcrothy M Kano:-.,sky :049 Granville Dr Newport Beach, CA 92660 -6205 939 -63 -755 Eddy 1055 Granville Or Newport Beach, CA 92660 -6205 939 -63 -758 Jack S Leider 1061 Granville Or Newport Beach, CA 92660 -6205 939 -63 -761 Olivia Chami 5 Rue Fontaine Newport Beach, CA 92660 -5204 939 -63 -764 David W & Maureen Cross 1073 Granville Dr Newport Beach, CA 92660 -6250 939 -63 -767 John E Stoneman 1103 Granville Dr Newport Beach, CA 92660 -6251 939 -63 -770 Kathleen Hansen 1109 Granville Dr Newport Beach, CA 92660 -6226 939 -63 -773 Paul G & Suzanne Mac Millin 1115 Granville Or j Newport Beach, CA 92660 -6225 939 -63 -776 Catalyst Properties Llc 14800 Ashworth Ave N Shoreline. WA 98133 -6230 ttiquettes faciles A peler Utilisez le oabarit AVERY® 51600 939 -63 -750 James & Michael Mitchell 1045 Granville Dr Newport Beach, CA 92660 -6205 939- 63 -75 3 Lilliar Fluor •M- 1051 Granville Dr Newport Beach, CA 92660 -6205 939 -63 -756 Schielein 1221 W Coast Hwy 314 Newport Beach, CA 92663 -5053 939 -63 -759 Steven N & Nancy Nelson 1063 Granville Dr Newport Beach, CA 92660 -6205 939 -63 -762 Eugene Dorsey 177 Riverside Ave Newport Beach, CA 92663 -4032 939 -63 -765 Gordon Meyer 49511 Canyon View Dr Palm Desert, CA 92260 -6783 939 -63 -768 Charles H & A Loos 1105 Granville Dr Newport Beach, CA 92660 -6226 939 -63 -771 Marion C Buie 1111 Granville Dr Newport Beach, CA 92660 -6226 939 -63 -774 Marcel Blatter 1117 Granville Dr Newport Beach, CA 92660 -6226 939 -63 -777 Richard S Lerner 1123 Granville Or Newport Beach, CA 9266C -6226 i Se de Repliez 6 la hachure afin de r6v6ler le rebord Poo -UoTM 939 -63 -751 Mark & Dana Susson 1047 Granville Dr 23 Newport Beach, CA 92660 -6205 939 - 6---754 Frank Mcaeoy 1053 Granville Dr Newport Beach, CA 92660 -6205 939 -63 -757 Diorio P C & A M 1059 Granville Or Newport Beach, CA 92660 -6205 939 -63 -760 Ralph L Ozorkiewicz 1065 Granville Dr Newport Beach, CA 92660 -6205 939 -63 -763 Kathleen Chapman 1071 Granville Or Newport Beach, CA 92660 -6205 939 -63 -766 Milano 3 Watson Irvine, CA 92618 -2716 939 -63 -769 Doris A Segar 1107 Granville Dr Newport Beach, CA 92660 -6226 939 -63 -772 Jesse W Spears •M+ 1113 Granville Dr 44 Newport Beach, CA 92660 -6226 939 -63 -775 Clifford R & Barbara Hostetler 1119 Granville Or Newport Beach, CA 92660 -6226 939 -63 -778 Robert H Grant 1125 Granville Dr Newport Beach. CA 92660 -6226 www.avery.com 1- 800 -GO- AVERY '. A83AV- 09-008 -1 T widn -dod Pjogaj al jajanaj luawa6je43 ®0915 pA83AV 3!jege6 a! zesmin ' wo7•�4ane,mmm ' a u e ain a za day ap sua5 ua ad a sa oe sauanb! P y g>e4 I@ !I r i I I. 3 �� 939 -63 -779 William P Picker 1127 Granville Or Newport Beach, CA 92660 -6226 935 -63 -782 Ball 3133 Granville Or Newport Beach, CA 92660 -6226 939- 63 -7B5 Mary K Rowe 1139 Granville Or Newport Beach, CA 92660 -6226 939 -63 -788 Ileane Doolin 1145 Granville Or Newport Beach, CA 92660 -6226 939- 63 -79_ Craig Davenport 1120 Granville Or Newport Beach, CA 92660 -6227 939 -63 -794 Donald Dunkleman 1080 Granville Or Newport Beach, CA 92660 -6204 ••w 258 Printed — 939 -63 -780 Arthur Shapiro 1129 Granville Or Newport Beach, CA 92660 -6226 939 -63 -783 James Myerson 47111 Vintage Or 3 104 Indian Wells, CA 92210 -7379 939 -63 -786 George L Sarantos PO Box 232 Fresno, CA 93708 -0232 939 -63 -789 Russell G Allen 1147 Granville Or Newport Beach, CA 92660 -6226 939 -63 -792 Michael & Carole Wade 1110 Granville Or Newport Beach, CA 92660 -6227 939 -63 -795 Alma Cherian 1070 Granville Or Newport Beach, CA 92660 -6204 939 -63 -781 Richard T Howard 1131 Granville Or Newport Beach, CA 92660 -6226 939 -63 -784 Linda G Krolop 1137 Granville Or Newport Beach, CA. 92660 -6226 939 -63 -787 Paul D Christ PO Box 9757 Newport Beach, CA 92658 -9757 939 -63 -790 James J Birmingham 1801 Park Court P1 I Santa Ana, CA 92701 -5002 939 -63 -793 Daniel D Darrow 1100 Granville Or Newport Beach, CA 92660 -6227 939 -63 -796 James T Klingaman 1060 Granville Or Newport Beach, CA 92660 -6249 .aa6P3 dn-dod asodza jaded PaaA ®0915 aleldwal ®ljanV asn wj096S ®Al?l3AVF i 04 oun 6uoie DU3a AFFIDAVIT OF POSTING On � U l 2 l , 2009, I posted the Notice of Public Hearing regarding: NORTH NEWPORT CENTER PLANNED COMMUNITY AMENDMENT Date of Hearing: November 10, 2009 Aulhorleed l0 Publish Adverbsemenls DI all kinds mcludIng puhllr notices by pecree of the Superior OMIT of prang" ( •,writ'. C•ahforma NomheT :I, 14, Sep(cmhcr ?9, 1961, and A-248311Rne 11. jW,; O? RECEI \!ED • •�t: "I � 1'� r a STATE OF CALIFORNIA) 0Tyj COUNTY OF ORANGE � ss. I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the NEWPORT BEACH - COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: November 28. 2009 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on December 2. 2009 at Costa Mesa, California. Sig re 9 ORDINANCE NO M 28 AN ORDINANCE OF THE CITY COUI*:. OF THE CITY OF NEWPORT BEACH, CAl1FORMAAPPROVNDAN AMENDMENT TO THE NORTH NEWPORT CENTER PLANNED COMMUNITY DEVELO►MENT PUN AND A COOS AMENDMENT TO DISrg1CINq MAPS NO 4, NO 4, AND NO M IPA20WIlIt WHEREAS. an ap"N'" s a NM DDyy ns IrveM ( uI aAh 1p PI awlW n 11 a IN BIOrA app. oM Bba a C�HN Dn.a aw M F» aapMOV ca.w d Sri baaun ron RoPp .rw MrMr+ rBpaM�wrEq. aW "* daadlRad P4 AD n EId.bl A AG MaylrrN a r�m"PM Orr alWad q NraMMMennM w tY r rM 3 W MMMnMa No A3OD w WNERGM, = drmoae M egwpP b4bd B�Mr'm 5v.'°kaow <+ Nis RoEa " w N W B�iea°npa 1°�iwM�eMaFU e Eesw A a#4JI a M ralManw bra m. IMO Ne NnN NaaPM Cara Planmd con'nm� Oro Y°"VO pv : Pro araRanal d uw. Na aPC I"c P1aPr'Miaa =w �w�.a��11.. Pl.we Cal.+Mr+M (�'."PC.r. WHEREAS. I PWm V Cam..saw of Na CM of NeapW Bad C. •cmM! do, +oxen W&C hea+ m Me apo�aeon M (kbCM S. 2008 an .,, OMW 22. 20C`8 n Na CM Hal �ro, Cryr.MMa. 330D Neapal BRaeven Veapon Beam. CM"tM"&. aw WHEREAS" Rannng Comm "Cpledw l edn x.lN i "d aY M arew Fawq' aM WHEREAS. Me PMmrq Garwmson MmmtMnMd appaal d N PvwsW sm'ndANM l0 w CM Couro1 a-N mro" cHanpsS m CN M+I Na1np n N >rb.naq d rpdam wWmrMas..nd +na at a WEREAS. Me CM Coro a N0 CA, a Me.wA Bead CWA I The Rama CavnwM OMVbPTNnI PMn AmMld t a o Sates ara rh taro Use EMnM' d M GVI" P as VM aopoaa W se MpuMRMe aM mmd6n0 MM Req[ CaMl I O r ICO-R (:pmmaroM ORAe Msacw ICPM). PADOI Ca,A i {CRI. M~ VMRMVlMMR1IRMI.MU UM, HMaaAM 3(MUag6anAOWn5W (0%AM'd'44 GIeOnM 0"PaME W pH k4w DrmaNaf 2 TM pt n C DsvebpeMa Pa AMIFUSTMN n a4N So~ 20 C mwaw IF vie A WX" Goft wrrl. Maeluna 0 M p"Ne"anb a a Pa Cars'. ty Da.abpnMM Res, D PMPU C W*Davabpwen Plan MMNNa MRrn..loaaa rile . tv a dewN of 8110.6100 IN" w4 a dnanpe M Tvpa 1 19O Ve uaa on Vro ft WA W w Blxt 100. Sba 400 M.p Blx SW of Ne,, o Cents. Ova and M me SwMaaec C•v"N" d San bag. Has React A,o VOWMI eats a b. w1t:I asacrow ERnaMa a+tm R ncorpdraud h "'MMus "aran. n M ara6 aeaq. maera R tM Csrwpn"wA PMT o" w. any am prppMea 4 TM a bwdd r S1oa 100. SwA 400, and 11m, SM d Naapo C.r,w prne Mq M ln' vuTaeM mr%w San Joaprn wM RM and MaWiNr BwNwro. aW "01, d ec bW m E~ A .I.dl 1 v.,lgaaMd pY "eMMrL Mew. Ye kft MWbOW. 0.1 men NMO a.'pN n p w ar,,, asVo a % dm III Npa sAad rrwn CasISIMM M. awes Ms mwwoNwa Maa"[ RIM ReIMM ens& Cod taoupn Nn RWrd CIXnmunry DavabaMnl Ran AnMnOrMM a Cad A,nw,M.nl f 5 a!Ca 4102ri lafte CMAe.. SWrwnewCo tfsa NMC as M94 oaTwgn Wile ewnpty, wow m " wfrwM of a Wd v mg * M "N'" bJ d uM naerxh M 1 e 2`1111W Ma NOW TNEREFORE " Cer Cound d pH CM d Ne.Ow Bad Caaft a. mnUV atom As ioap+a. SECTION t: UW,Lap Mess No 4 No 48. w.d MP 50 snyl w a� as Pw++da I EIdt l B. nmrpo'Med py •.aMwN.e 14101 SECTION 2: to.wnn N.11UCw wr.+sd Ca ttyyO&"I0FMNM PananoCasrp�RagMaROn NMI M sna..dW M P"o.'Oe0 �n Emb' C. aR.0 e.�mrwielad 5y nT"enrca neryn SECTION 7: The aGd[ 4W RrrrW CP"r•ranaY Ow.ebor"Hre PMn Mra' M amwged a p"ONOW EWHD auraln.ravpaMW W<e nsnn SECTION A Tly SUU, 900 PNwrad Cw ky Deve I" Ran INM M aTwndW as Vo . E,Naa E. ~ a wmrpaaMd q M0ee ti� SECTION S: _.rte Ly �E.T OF IIPHOapdaeed M"Macon Ra+snaUfrw.NrWdnorwwa SECTION S d o MlW M4 at � Mr4rca.dausaa (tom , MNN "(K a.MwryraSO" "H9 , a .aaed w ucamwtt p 6vd1 deoe"on maa rot aMd N •Wry c mnSMUeMI Ny d w MnM.lflp a Rla CnralarMl TNa CN Caan1 nvreo MPMM NM ap,M�'aR,w..S�! aM dd,n..w. IX P�iase Mats/, IBC pfYaMMMaTed 1wm11aRMaW MNYN_W4aCOMl Nr'anwf dawaa its Cary CIO of d me CM 01 .1e.PpH Beam. calk""'. Ants urn IPOMI M&AM9 m Me CMS CEOA MIwn1InMV M am awMVah d Mtl YH prd(ade M po!M Y