HomeMy WebLinkAbout10_Annual Review of the North Newport Center_PA2009-023CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
April 26, 2018
CgGIFOaN% Agenda Item No. 10
SUBJECT: Annual Review of the North Newport Center Zoning Implementation
and Public Benefit Agreement
• Development Agreement No. DA2007-002 (PA2009-023)
SITE LOCATION: Fashion Island; Block 100, Block 400, Block 500, Block 600, and
Block 800 of Newport Center Drive; and San Joaquin Plaza.
APPLICANT/OWNER: Irvine Company
PLANNER: Benjamin M. Zdeba, AICP, Associate Planner
949-644-3253, bzdeba@newportbeachca.gov
LAND USE INFORMATION
• General Plan: Regional Commercial (CR), Regional Commercial Office (CO -R),
Medical Commercial Office (CO -M), Multiple Unit Residential (RM), and Mixed -Use
Horizontal (MU -H3)
• Zoning District : North Newport Center Planned Community (PC -56)
PROJECT SUMMARY
An annual review of the Zoning Implementation and Public Benefit Agreement for North
Newport Center, pursuant to Newport Beach Municipal Code (NBMC) Section 15.45.080
(Periodic Review) of the Municipal Code and Section 65865.1 of the California
Government Code.
RECOMMENDATION
1) Conduct a public hearing;
2) Find the review exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15321 (Class 21 — Enforcement Actions by Regulatory Agencies)
of the CEQA Guidelines, because it has no potential to have a significant effect on the
environment;
3) Find that the applicant has demonstrated good faith compliance with the terms of the
Zoning Implementation and Public Benefit Agreement; and
4) Receive and file the North Newport Center Zoning Implementation and Public Benefit
Agreement Annual Report Year 2017 (Attachment No. ZA 2).
1
Annual Review of the North Newport Center
Zoning Implementation and Public Benefit Agreement
Zoning Administrator, April 26, 2018
Page 2
NBMC Section 15.45.080 requires the City to periodically review development
agreements to determine if the applicant has complied with the terms of the agreement.
This review should be conducted at least once every 12 months. The applicant is required
to demonstrate good faith compliance with the terms of the agreement, and should the
Zoning Administrator believe the applicant has not complied in good faith with the
agreement, the Zoning Administrator should refer the matter to the City Council.
Background
On December 18, 2007, the City Council adopted Ordinance No. 2007-21 approving
Development Agreement No. DA2007-002 (DA) between the City and Irvine Company.
The DA granted Irvine Company entitlement and transfer rights within the North Newport
Center Planned Community (NNCPC). At the time the DA was approved, NNCPC
consisted of Fashion Island, Block 600, portions of Block 500 and San Joaquin Plaza.
Since then, portions of Block 100, Block 400, and the entirety of Block 800 have been
incorporated into the NNCPC. On June 6, 2012, the City Council approved an amendment
to the DA, which incorporated these additional remaining sub -areas within the NNCPC.
On November 10, 2015, the North Newport Center Planned Community was expanded
to include two existing buildings within the 500 block of Newport Center Drive; however,
the DA was not amended to include the expanded area.
The DA specifies the permitted uses, density and intensity of development through the
application of the NNCPC text, circulation improvements, public benefits, and dedication
of street rights-of-way and open space. The DA vests Irvine Company's right to develop
regional commercial, office, mixed-use, and residential uses in North Newport Center as
depicted in Table 1. The term of the DA is 25 years and it expires in 2032.
The DA is available online at http://www.newportbeachca.gov/developmentagreements.
The last annual review, conducted on April 13, 2017, covered activities occurring in 2016,
and the Zoning Administrator found Irvine Company to be in good faith compliance with
the agreement. This review is for activities occurring during the 2017 calendar year.
2017 Development Activity
Table 1 summarizes the entitlement and building activity for the NNCPC that occurred in
2017. Several projects are under construction within the planned community, but only
completed activities with certificates of occupancy are included in Table 1, unless
otherwise noted. In total, 48 building permits were issued in 2017, for various tenant
improvements that did not result in any changes to gross floor area.
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Annual Review of the North Newport Center
Zoning Implementation and Public Benefit Agreement
Zoning Administrator, April 26, 2018
Page 3
Table 1: 2017 Development Activity Summary
$Sub'
Existing
Remaining
Area
Entitlement
Completed Activity
Development
Entitlement
12/31/2017
12/31/2017
1,523,416 sq. ft.
Fashion
of regional
1,519,157 sq. ft.
4,259 sq. ft.
commercial
Island
680 theater seats
680 theater
680 theater
seats
seats
Block
121,114 sq. ft.
121,114 sq. ft.
0 sq. ft.
100
of office/commercial
Block
91,727 sq. ft.
91,727 sq. ft.
0 sq. ft.
400
of office/commercial
Block
623,525 sq. ft.
622,622 sq. ft.
903 sq. ft.
500
of mixed use
Block
1,605,899 sq. ft.
1,310,899 sq. ft.
0 sq. ft.
600
of mixed use
295 hotel rooms
295 hotel rooms
0 hotel rooms
286,166 sq. ft.
286,166 sq. ft.
0 sq. ft.
Block
of office/commercial
800
245 residential units
245 residential
0 residential
units
units
San
95,550 sq. ft.
95,550 sq. ft.
0 sq. ft.
of office/commercial
Joaquin
Plaza
524 residential units
__
524 residential
0 residential
units
units
Future Activities
Any remaining terms and conditions shall be completed pursuant to the timing or
milestone requirements depicted in the Annual Report (Attachment No. ZA 2). After
reviewing the Annual Report and applicable documents, staff believes that Irvine
Company has complied in good faith with terms and conditions of the DA.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15321 (Class 21 — Enforcement Actions by Regulatory Agencies) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential to have a significant effect on the environment. This section exempts actions by
regulatory agencies to enforce or revoke a lease, permit, license, certificate, or other
entitlement for use issued, adopted, or prescribed by the regulatory agency or
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3
Annual Review of the North Newport Center
Zoning Implementation and Public Benefit Agreement
Zoning Administrator, April 26, 2018
Page 4
enforcement of a law, general rule, standard, or objective, administered or adopted by the
regulatory agency.
PUBLIC NOTICE
Notice of this review was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights-of-way and
waterways), including the applicant, and posted on the subject property at least 10 days
before the scheduled hearing, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at City
Hall and on the City website.
APPEAL PERIOD
An appeal or call for review may be filed with the Director of Community Development within
14 days following the date of action. For additional information on filing an appeal, contact
the Planning Division at 949-644-3200.
Prepared by:
GBR/bmz
Attachments: ZA 1 Vicinity Map
ZA 2 Annual Report (January 2017 — December 2017)
Tmplt OU12/18
Attachment No. ZA 1
Vicinity Map
5
PA2009-023
0
Attachment No. ZA 2
Annual Report (January 2017 — December 2017)
North Newport Center
Zoning Implementation and Public Benefit Agreement
Annual Report
Year 2017 (January 2017 -December 2017)
Prepared for:
City of Newport Beach
Planning Division
Contact: Gregg Ramirez
(949)644-3219
Submitted by:
Irvine Company
550 Newport Center Drive
Newport Beach, CA 92660
Contact: Dan Miller
(949)720-2000
Prepared by:
CAA Planning, Inc.
30900 Rancho Viejo Road, Suite 285
San Juan Capistrano, CA 92675
Contact: Shawna Schaffner
(949)581-2888
January 2018
2
Contents
PublicBenefits Table..................................................................................................6
Ongoing Obligations and Public Benefits...............................................................................15
CityConcurrence...................................................................................................................17
Annual Report Distribution.....................................................................................................17
4.4 Circulation Enhancements to Public Right of Way — Completed 2013 ..............................18
4.9 B. Fashion Island Water Quality Enhancements — Fashion Island Parking Areas ............19
Fashion Island Non -Development Water Quality Treatment — Completed 2014.......19
Compliance to Date, Section 4.9, Paragraph B — Development Agreement.............19
Annual Report — 2017 (January 2018) it
North Newport Center Zoning Implementation and Public Benefit Agreement — Expires August 2032
0
Introduction
The purpose of the 2017 Annual Report (AR) for North Newport Center is to provide an accurate
record of the development that has occurred within North Newport Center during 2017. The North
Newport Center Planned Community Development Plan (NNCPC) as approved in 2007 included the
following sub -areas: Fashion Island, Block 500, Block 600 and San Joaquin Plaza. The NNCPC was
subsequently amended in November 2009 to include portions of Blocks 100, 400, 800 and an open
space parcel from the Newport Village Planned Community. The NNCPC was amended again in 2011
to expand Block 800 to include the Pacific Mutual Financial Center. Subsequently in 2012, the NNCPC
was amended to increase the allowable residential development intensity by a total of 94 units and
allocating the 94 units plus the 430 residential units already allocated to the MU -H3 portions of the
NNCPC solely to San Joaquin Plaza. In connection with the amendment to the NNCPC, an amend-
ment to the Zoning Implementation and Public Benefit Agreement DA2007-002 (Development
Agreement) was approved. The Development Agreement amendment included the incorporation of
portions of Blocks 100, 400, the open space parcel in Newport Village, Block 800 in its entirety, as well
as the additional 94 residential units. In 2015, the NNCPC was amended for a fourth time to allow for a
transfer of development intensity from outside the NNCPC, to include a portion of Block 500, and to
update various regulations. This AR contains several tables that show development within North
Newport Center as a whole and development by sub -area. The tables provide a comprehensive
review of the development within North Newport Center in terms of existing development, maximum
development (allowed by the General Plan) and development that has occurred during 2017. The
tables break down each sub -area of North Newport Center individually and track the area developed
by land use, as applicable. A map that depicts the sub -areas within the NNCPC covered by this AR is
shown as Figure 1.
Figure 1 — Sub -Areas in North Newport Center Planned Community
Annual Report — 2017 (January 2018)
North Newport Center Zoning Implementation and Public Benefit Agreement — Expires August 2032
10
0
Santquin
Plaza
Block y
600
Block
ake o
Fashion Island Block
Regional Center SOO
Q
V
e
re
a
Block
®ue100
e�a
q
4,pQ
Sub -Fuels under fit Aoneanentmentatlon
and Public Benefit Fgreement
Annual Report — 2017 (January 2018)
North Newport Center Zoning Implementation and Public Benefit Agreement — Expires August 2032
10
Summary Table — North Newport Center as of December 31, 2017
Development Summary
Annual monitoring of development is required by Development Agreement 2007-002 between the City
of Newport Beach and Irvine Company as part of the North Newport Center Project which is in effect
until 2032. Below is a list of permits that were issued within North Newport Center between January
and December 2017. Note that the City bases the building permit gross floor area (g.f.a.) calculations
on the Building Code definition and not the entitlement g.f.a. on the definition contained in the NNCPC,
4th Amendment, which is slightly different from the Building Code and excludes support uses
(Section 11.3). All of the permits issued in 2017 were tenant improvement permits that resulted in no
change to the gross floor area except for the renovation of the Island Cinema which will demolish 230
theater seats when finalized. This action will be reported as final in 2018.
Annual Report — 2017 (January 2018)
North Newport Center Zoning Implementation and Public Benefit Agreement — Expires August 2032
11
Development
Sub -Area
Entitlement
Existing Development
during 2017
Remaining Entitlement
1,523,416
1,519,157
4,259
Fashion Island
680 theater seats 2
680 theater seats 2
230 theater seats were
680 theater seats. 3
permitted for
demolitionlremoval 3
Block 100
121,114
121,114
—
0
Block 400
91,727
91,727
0
Block 500
623,525
622,622
903
11605,8991
1,310,899
0
Block 600
295 hotel rooms
295 hotel rooms
0
Block 800
286,166
286,166
0
245 residential units
245 residential units
95,550
95,550
0
San Joaquin Plaza
524 residential units
524
0
All numbers in this table are shown in square feet (s.f.) unless otherwise indicated.
1 The General Plan entitlement figure includes allocations for hotel square footage, which is not represented in the Existing Development or
Remaining Entitlement columns.
2 When adopted on December 18, 2007 the North Newport Center Planned Community (NNCPC) theater entitlement for Fashion Island was 1,700
seats which had a gross floor area equivalent of 27,500 s.f. (16.1765 s.f./seat). The 2008 Annual Report showed the theater entitlement as 1,700
seats with an existing development of 1,700 seats. In 2011, the theaters in Fashion Island were renovated and the number of seats was reduced
by 1,020 seats. The 2011 Annual Report showed the theater entitlement for Fashion Island as 1,700 seats with an existing development of 680
seats and a remaining entitlement of 1,020 seats which had a gross floor area equivalent of 16,500 s.f. (16.1765 s.f./seat x 1,020 seats). In 2014,
the gross floor area equivalent of 16,500 s.f. for the remaining entitlement of 1,020 seats was transferred to the Block 100 Sub -Area of the NNCPC.
The 2014 Annual Report showed the theater entitlement for Fashion Island as 680 seats with an existing development of 680 seats and a
remaining entitlement of -0- seats. In 2017, an application was submitted to again renovate the theaters in Fashion Island which will reduce the
number of seats from 680 to 450, which represents a 230 -seat reduction. This work is currently underway and the when completed and a
Certificate of Occupancy is issued, the theater entitlement for Fashion Island will be adjusted to reflect a permitted reduction in seats and a change
to the remaining entitlement once the work is complete in 2018.
3 The remaining entitlement will be adjusted once the demolition occurs and the permit is finalized in 2018 (X2017-2237).
Development Summary
Annual monitoring of development is required by Development Agreement 2007-002 between the City
of Newport Beach and Irvine Company as part of the North Newport Center Project which is in effect
until 2032. Below is a list of permits that were issued within North Newport Center between January
and December 2017. Note that the City bases the building permit gross floor area (g.f.a.) calculations
on the Building Code definition and not the entitlement g.f.a. on the definition contained in the NNCPC,
4th Amendment, which is slightly different from the Building Code and excludes support uses
(Section 11.3). All of the permits issued in 2017 were tenant improvement permits that resulted in no
change to the gross floor area except for the renovation of the Island Cinema which will demolish 230
theater seats when finalized. This action will be reported as final in 2018.
Annual Report — 2017 (January 2018)
North Newport Center Zoning Implementation and Public Benefit Agreement — Expires August 2032
11
Date
Sub -Area
Summary of Action
Fashion Island
Mar 2017
(Final)
601 Newport Center Drive (X2017-0065)
Apr 2017
(Final)
1089 Newport Center Drive (X2017-0754)
May 2017
(Final)
455 Newport Center Drive (X2016-0137)
May 2017
(Final)
101 Newport Center Drive (X2017-0330)
June 2017
(Issued)
601 Newport Center Drive (X2016-0027)
Jul 2017
(Issued)
999 Newport Center Drive (X2017-1435)
Sep 2017
(Issued)
565 Newport Center Drive (X2017-2531)
Sep 2017
(Issued)
999 Newport Center Drive — 230 theater seats (X2017.2237)
Oct 2017
(Final)
101 Newport Center Drive (X2017-2484)
Oct 2017
(Final)
101 Newport Center Drive (X2017-0278)
Oct 2017
(Final)
101 Newport Center Drive (X2017-2218)
Oct 2017
(Final)
101 Newport Center Drive (X2017-1714)
Oct 2017
(Issued)
601 Newport Center Drive (X2017-2580)
Oct 2017
(Final)
367 Newport Center Drive (X2016-3930)
Nov 2017
(Final)
825 Newport Center Drive (X2017-2388)
Nov 2017
(Final)
929 Newport Center Drive (X2017-1692)
Nov 2017
(Final)
905 Newport Center Drive (X2017-0885)
Dec 2017
(Final)
203 Newport Center Drive (X2017-2321)
Block 400
Nov 2017
(Final)
450 Newport Center Drive (X2017-2251)
Dec 2017
(Final)
450 Newport Center Drive (X2017-1285)
Block 500
Feb 2017
(Final)
500 Newport Center Drive (X2016-3524)
Mar 2017
(Final)
500 Newport Center Drive (X2016-0262)
Mar 2017
(Final)
520 Newport Center Drive (X2016-1818)
May 2017
(Final)
500 Newport Center Drive (X2016-4054)
May 2017
(Issued)
520 Newport Center Drive (X2016-0943)
June 2017
(Final)
500 Newport Center Drive (X2017-0821)
June 2017
(Final)
500 Newport Center Drive (X2017-0051)
Aug 2017
(Final)
500 Newport Center Drive (X2017-0907)
Sep 2017
(Final)
520 Newport Center Drive (X20164020)
Sep 2017
(Final)
520 Newport Center Drive (X2017-2011)
Oct 2017
(Final)
520 Newport Center Drive (X2017-1635)
Oct 2017
(Issued)
500 Newport Center Drive (X2017-2904)
Dec 2017
(Final)
520 Newport Center Drive (X20164220)
Block 600
Jan 2017
(Issued)
620 Newport Center Drive (X20164144)
Apr 2017
(Final)
610 Newport Center Drive (X2017-0377)
Apr 2017
(Final)
610 Newport Center Drive (X2017-0354)
May 2017
(Final)
610 Newport Center Drive (X2017-0555)
Jun 2017
(Issued)
610 Newport Center Drive (X2017-1555)
Jun 2017
(Final)
610 Newport Center Drive (X2017-0376)
Jun 2017
(Final)
610 Newport Center Drive (X2017-1274)
Jun 2017
(Final)
660 Newport Center Drive (X2017-1231)
Oct 2017
(Final)
610 Newport Center Drive (X2017-1554)
Oct 2017
(Final)
620 Newport Center Drive (X2017-2634)
Oct 2017
(Final)
660 Newport Center Drive (X2017-2751)
Nov 2017
(Final)
610 Newport Center Drive (X2017-3661)
Dec 2017
(Final)
660 Newport Center Drive (X2017-3093)
Block 800
Jul 2017
(Final)
840 Newport Center Drive (X2017-0524)
Nov 2017
(Final)
840 Newport Center Drive (X2017-2475)
All of the permits issued in 2017 were tenant improvement permits which resulted in no change to the gross floor area except for the
renovation of the Island Cinema (X2017-2237) which will demolish 230 seats when finalized.
Annual Report — 2017 (January 2018)
North Newport Center Zoning Implementation and Public Benefit Agreement — Expires August 2032
12
The tables below show development within North Newport Center by sub -area. All numbers are shown
in gross square feet unless otherwise indicated. The tables are intended to track development
annually and provide a comprehensive listing of development by land use. The "Demolished" column
reflects the final square footage demolished, not the square footage stated in a demolition permit.
Similarly, the "Built' column reflects the square footage provided in a Certificate of Use and
Occupancy and not the square footage stated in a building permit. All of the permits issued in 2017
were tenant improvement permits which resulted in no change to the gross floor area except for the
renovation of the Island Cinema (X2017-2237) which will demolish 230 seats when finalized.
Fashion Island
Entitlement
January
2017
Existing
Development Transferred/ Permitted
January 2017 Converted Demolished (Demo/New) Built
Existing
Tracking Development
Number December 2017
Entitlement
December
2017
Land Use
January
Existing Entitlement
Regional Commercial 1,523,416
1,519,157
1,519,157
1,523,416
Theater Seats 680
680 -230
680
6801
Block 100
Block 400
Entitlement
Existing
Existing Entitlement
January
Existing Entitlement
Transferred/
January
Development
Transferred/
January2017
Permitted
Tracking
Development December
Built/
2017
January2017
Converted
Demolished
(Demo/New)
Built Number
December 2017 2017
Land Use
(Demo/New)
Built
Number
December 2017
2017
Land Use
Office/Commercial
121,114
121,114
121,114 121,114
Block 400
Block 500
Entitlement
Existing
Existing Entitlement
January
Development
Transferred/
Permitted Tracking Development December
2017
January2017
Converted
Demolished (Demo/New) Built Number December 2017 2017
Land Use
Built/
Tracking
Development
December
Office/Commercial
91,727
91,727
Converted
91,727 91,727
Block 500
Block 600
Entitlement
Existing
Existing
Entitlement
January
Development
Transferred/
Permitted
Built/
Tracking
Development
December
2017
January 2017
Converted
Demolished
(Demo/New)
Built
Number
December 2017
2017
Land Use
Mixed Use Horizontal
623,525
622,622
622,622
623,525
3 (MU -H3)
Residential Units
0
0
0
0
Block 600
The entitlement will be adjusted to reflect the remaining theater seats once the permit tl finalized in 2018 (X2017-2237).
Annual Report — 2017 (January 2018) 4
North Newport Center Zoning Implementation and Public Benefit Agreement — Expires August 2032
i3
Entitlement
Existing
Existing
Entitlement
January
Development
Transferred/
Permitted
Built/
Tracking
Development
December
2017
January 2017
Recovered
Demolished
(Demo/New)
C of 0
Number
December 2017
2017
Land Use
Mixed Use Horizontal
1,310,899'
1,310,899
1,310,899
1,310,899-
3 (MU -H3)
Residential Units
0
0
0
0
Hotel Rooms
295
295
295
295
' Reflects only Office Entitlement.
The entitlement will be adjusted to reflect the remaining theater seats once the permit tl finalized in 2018 (X2017-2237).
Annual Report — 2017 (January 2018) 4
North Newport Center Zoning Implementation and Public Benefit Agreement — Expires August 2032
i3
Block 800
San Joaquin Plaza
Entitlement Existing
January Development
2017 January2017
Existing
Transferred/ Permitted Tracking Development Entitlement
Converted Demolished (DemolNew) Built Number December2017 December2017
Land Use
Office/Commercial
286,166 286,166
286,166 286,166
Residential Units
245 245
245 245
San Joaquin Plaza
Annual Report — 2017 (January 2018)
North Newport Center Zoning Implementation and Public Benefit Agreement — Expires August 2032
In
Entitlement
Existing
Existing
January
Development
Transferred/
Permitted
Tracking
Development
Entitlement
2017
January 2017
Converted
Demolished
(Demo/New)
Built
Number
December 2017
December 2017
Land Use
Mixed Use Horizontal
95,550
95,550
95,550
95,550
3 (MU -H3)
Residential Units
524
524
524
524
Annual Report — 2017 (January 2018)
North Newport Center Zoning Implementation and Public Benefit Agreement — Expires August 2032
In
Public Benefits
The Public Benefits Table below lists all of the public benefits resulting from Development Agreement No. DA2007-002 entitled The
Zoning Implementation and Public Benefit Agreement (Agreement) between the City of Newport Beach and Irvine Company Concerning
North Newport Center and the Amendment to the Agreement approved in August 2012 (herein referred to as the Development
Agreement). Public benefits are listed in Section 4 of the development agreement. Items that have been completed in previous reporting
years are shown as Year Complete. Items completed in the current year are shaded. AHIP compliance was achieved this year leaving
ongoing traffic fair -share fees and in -lieu park fees as the sole remaining Development Agreement obligations.
Public Benefits Table
Type of Fee,
Development
Contribution or
Agreement
Dedication
Reference
Timing/Milestone
Payment/Contribution/Dedication
Status
In -Lieu Park Fees
Section 4.1
Regardless of whether a subdivision map is
Landowner shall pay to City the greater of (i) the sum of
Total payment as of
for Renovation of
Paragraphs 1-2
approved for any or all of the residential units,
$3,733,333.33 (which is 1/3 of the total Park Fees to be
December 31, 2014: $3.733,333.33
Oasis Senior Center
and for Park Uses
COMPLETE
and prior to and as a condition to City's
issuance of the First Residential Building
P it ( t,
paid to City under this Agreement) (the "Initial Park Fee") or
(ii) the applicable Per Unit Park Fees (if the First Residential
lude mare than one hundred forty-three
( 3 d p
B g mija4he Initial Park Fee shall entitle
Lan owner to a credit against payment of the Per Unit Park
Responsible parry:
Irvine Company
Completed
Date: November 3, 2014
Fees for the first one hundred forty-three (143) residential
units to be developed on the Property.
Section 4.1
Prior to and as a condition to City's issuance of
Landowner shall pay to City the sum of $17,364.11 (the
Total payment as of
Paragraph 2
a building permit for development of the one
difference between the Initial Park Fee and the total Per
December 31, 2014: $17,364.11
hundred forty-fourth (144th) residential unit on
wpo ter oc
n laPeIrvine
Mor
Unit Park Fees for 144 residential units)
Responsible party:
Company
®Completed
Date: November 3, 2014
In -Lieu Park Fees
Section 4.1
Prior to and as a condition to City's issuance of
Landowner shall pay to City the sum of $26,046.51 per unit
Number of units as of
for Renovation of
Paragraph 2
each subsequent building permit for residential
("Per Unit Park Fees")
December 31, 2014: 286
Oasis Senior Center
and for Park Uses
development within that portion of the Property
+Less $5,600,000.00 paid on 3110/09 per Section 4.1,
Paragraph 4 (See Page 6 of Annual Report)
Per unit: 26 046.51
Total payment: $1.849.302.56
Responsible party:
COMPLETE
2
Irvine Company
0 Completed
Date: November 3.2014
Annual Report — 2017 (January 2018)
North Newport Center Zoning Implementation and Public Benefit Agreement — Expires August 2032
15
Type of Fee,
Development
Contribution or
Agreement
Dedication
Reference
TiminglMilestone
PaymentlContribution/Dedication
Status
In-Lieu Park Fees
Section 4.1
If Landowner sells any residential unit
Landowner shall pay to City at the time of such sale of an
Number of units sold as of
for Renovation of
Paragraph 3
developed within the Property to a third-party
individual residential unit the then-applicable park fee for
December 31, 2017: (units) 0
Oasis Senior Center
purchaser in other than a bulk sale of all of the
such unit as may be in effect at that time within the City of
Park fee per unit: $
and for Park Uses
units in a single residential building
Newport Beach, less a credit for the amount of the Per Unit
Total payment: $ 0
Park Fee paid prior to that time.
Responsible party:
Please see Section 4.1, paragraph 3 for additional informa-
Irvine Company
tion regarding Landowners obligation to pay fees and
El Completed
memorandums to be recorded against the title of each unit.
In-Lieu Park Fees
Section 4.1
If, on the date that City awards a contract for
Within five (5) days after City's award of the contract,
Date that City awards a contract
for Renovation of
Paragraph 4
renovation of the Oasis Senior Center, the total
Landowner shall pay to City the difference ("Park Fee
for renovation of the Oasis Senior
Oasis Senior Center
sum of both the Initial Park Fee and the Per
Advancement"). Landowner's payment of the Park Fee
Center 3/10/2009
and for Park Uses
Unit Park Fees paid by Landowner to City to
Advancement shall entitle Landowner to a credit against the
Check below if answer is "yes."
date is less than the sum of $5,600,000
Initial Park Fee (if not paid by the time the Park Fee
The total sum of both the Initial Park
Advancement is paid) and against the next Per Unit Park
Fee and the Per Unit Park Fees paid by
Fees that otherwise would be due and payable to City until
Landowner to City is less than the sum
the entire credit is exhausted. After such credit is
of $5,600,000 (as of date above)
exhausted, prior to and as a condition to City's issuance of
each subsequent building permit for residential
If box above is checked, then
C OMPLETE
200c.,
development of any portion of the Property located in
Newport Center Block 500, Newport Center Block 600, or
Landowner shall pay to City
"Park Fee Advancement'
San Joaquin Plaza, Landowner shall continue to pay the
in the amount of: $5,600,000
Per Unit Park Fees as residential building permits are
No initial park fees paid.
issued.
Lump sum payment
to City: $5,600,000
Responsible party:
Irvine Company
ED Completed
Date: 311012009
In-Lieu Park Fees
Section 4.1
Not specified
City shall earmark $5,600,000 of the Park Fees to be paid
Responsible party:
forWva
0
n
P a 5
P
ETE 20 0
by Landowner (one-half of the total Park Fees) as a
matching challenge grant to apply toward contributions to
the renovation of the Oasis Senior Center.
City of Newport Beach
®Completed date: Early 2009
(prior to construction)
In-Lieu Park Fees
Section 4.1
Not Specified
City shall apply any Park Fees not spent by City on the
Responsible party:
for Renovation of
Paragraph 5
renovation of the Oasis Senior Center to any park use as
City of Newport Beach
Oasis Senior Center
determined by City. Landowner acknowledges that the
® Completed date: Early 2009
and for Park Uses
actual amount of funds raised through the matching
(prior to construction)
challenge may be less than $5,600,000 and that the amount
APLETE
raised shall not affect the amount of Park Fees payable by
Landowner to City.
Annual Report — 2017 (January 2018)
North Newport Center Zoning Implementation and Public Benefit Agreement — Expires August 2032
10
Type of Fee,
Development
Contribution or
Agreement
Dedication
Reference
Timing/Milestone
PaymentlContribution/Dedication
Status
Public Benefit Fee
Section 4.2
Not specified
Landowner shall pay to City the sum of $27,090,000 as set
Payment in the sum of $27,090,000 paid in
Pa1
MPLETE
n m ifee" lic Benef t Fee"), of the
f2Qk'c
full as of November 3. 2014
ComResponsible party: Irvine Companyr
Completed (7/26/11 and 11/3/14 as
indicated below)
Section 4.2
Prior to and as a condition to the issuance of
Landowner shall pay to City the sum of $13,545,000, which
Payment: as of
Paragraph 1
the First Building Permit — 650 Newport Center
is one-half of the Public Benefit Fee ("Initial Public Benefit
July 26, 2011 $13,545,000
Responsible party:
COMPLETE
2
Irvine Company
® Completed
Section 4.2
Upon the issuance of building permits for the
The balance of the Public Benefit Fee shall be paid to City.
Building permits have been issued for 430
Paragraph 1
430 residential units authorized for
The amount payable by Landowner to City for each such
residential units as of November 3, 2014
development within the Property.
residential unit shall be the sum of $31,500.
Total payment (balance of the Public
Benefit Fee): 13 545
COMPLETE
2
This equates to $31,500 per unit for 430
per
units.
Total payment as of November 3, 2014
Responsible party:
Irvine Company
® Completed
Fair Share Traffic
Section 4.3
The Property is subject to City's Fair Share
The City is in the process of considering updates and
Fair Share Traffic Fees
Fees
Paragraph 1
Traffic Contribution Ordinance, which requires
amendments to its Fair Share Traffic Contribution
paid for 2017: $ None Required
the payment of certain fair share traffic fees for
development ("Fair Share Traffic Fees").
Ordinance and its Fair Share Traffic Fees and that as a
result of such updates and amendments the Fair Share
Traffic Fee charged by City may be increased (the "Initial
Responsible party:
Irvine Company
Fee Increase").
Notwithstanding any other provision set forth in the
Development Agreement to the contrary, Landowner agrees
that Landowner and the Property shall be subject to the
modified Fair Share Traffic Contribution Ordinance including
the increased fees payable pursuant to the Initial Fee
Increase. This applies to square footage that was newly
entitled under this agreement.
Please see Section 4.3 of the Development Agreement for
additional detailed information pertaining to fees.
Annual Report — 2017 (January 2018)
North Newport Center Zoning Implementation and Public Benefit Agreement - Expires August 2032
27
Type of Fee,
Contribution or
Dedication
Development
Agreement
Reference
TiminglMilestone
PaymentlContribution/Dedication
Status
Circulation
Section 4.4
"Circulation Enhancement Contribution" to
Landowner shall contribute to City the sum of Two Million
Check below if answer is "yes"
Enhancements to
Paragraph 1
reimburse City for City's expenses incurred for
Five Hundred Thousand Dollars ($2,500,000.00)
® The City choses to approve, design and
Public Right of Way
the design and construction of one or more of
("Circulation Enhancement Contribution").
construct one or more of the circulation
the circulation improvements listed in Section
enhancements listed in Section 4.4 of
4.4 of the Development Agreement, as
the Development Agreement
determined by the City's Director of Public
Date: See note below
Works, should City choose to approve the
circulation enhancements after its
Note: See page 18 for additional
environmental review and approval process
information.
and in compliance with CEQA.
If box above is checked, then Landowner
shall contribute up to $2,500,000.00
Please refer to Section 4.4, paragraph 1 of the
based on actual costs requested by the
Development Agreement for the list of
City and the amount spent by Irvine
circulation enhancements.
Company on those projects the City
agreed could be built by Irvine Company.
COMPLETE
2013
Responsible party:
Irvine Company
® Completed
Date: 12/31/13
Annual Report — 2017 (January 2018)
North Newport Center Zoning Implementation and Public Benefit Agreement — Expires August 2032
M
Type of Fee,
Contribution or
Dedication
Development
Agreement
Reference
TiminglMilestone
PaymentlContributionlDedication
Status
Circulation
Section 4.4
Landowner shall pay the Circulation
Landowner shall pay the Circulation Enhancement
Indicate payment(s) below (if applicable):
Enhancements to
Paragraph 2
Enhancement Contribution to City from time to
Contribution to City from time to time after the Effective
Amount paid by Landowner to City
Public Right of Way
time after the Effective Date, within thirty (30)
Date and Landowner will pay any balance to the City up to
for Circulation Enhancement
days after receipt of written request for
a maximum contribution of $2,500,000.00 less the cost for
Contribution as of
reimbursement from City, with any balance to
any improvements constructed by Landowner.
December 31, 2013 $1,905,803
be paid to City on the date that is sixty (60)
Contributions shall be paid by Landowner upon receipt of
Date that is 60 months after
months after the Effective Date (the Effective
Date is January 18, 2008) regardless of
invoices from the City.
the Effective Date: January 18, 2013
whether City has incurred the cost for the
Amount of balance paid by
foregoing improvements.
Landowner to City
as of (date)
Alternatively, Landowner and City may
Responsible party:
mutually agree upon arrangements for
Irvine Company
Landowner to use the Circulation
Completed
Enhancement Contribution to construct the
foregoing improvements subject to City's
or
approval.
❑ Check this box if Landowner and City
mutually agree for Landowner to use
COMPLETE
2 3
contribution to construct improvements.
Date:
Amount used to construct
improvements as of
December 31, 2013: $676,222
Responsible party:
Irvine Company
® Completed
Dedication of Public
Section 4.5
At such time as City provides legal descriptions
Landowner shall provide an offer of dedication to City for
Responsible party:
Rights of Way
Paragraph 1
for the public rights of way, which descriptions
the additional public rights of way necessary for circulation
Irvine Company
shall be consistent with the design of the
improvements on the north side of San Miguel Drive
® Completed
circulation improvements for said public right of
between MacArthur Boulevard and Avocado Avenue and on
No longer applicable due to dedication of
way.
Avocado Avenue between San Nicolas Drive and San
Avocado parcel on October 17, 2008, as
COMPLETE
2008
Miguel Drive
Please see Section 4.5 of the Development Agreement for
described in Section 4.6 Paragraph 1
below. Avocado parcel dedication
documented in 2008 Annual Report.
additional information.
Annual Report — 2017 (January 2018)
North Newport Center Zoning Implementation and Public Benefit Agreement — Expires August 2032
19
10
Type of Fee,
Contribution or
Dedication
Development
Agreement
Reference
TiminglMilestone
PaymentlContributionlDedication
Status
Dedication of Public
Section 4.5
At such time as City provides legal descriptions
Landowner shall convey the public right of way to City
❑ Check this box if the Landowner has
Rights of Way
Paragraph 1
for the public rights of way, which descriptions
(through the recordation of an offer of dedication without
recorded an offer of dedication to the
shall be consistent with the design of the
any restrictions or qualifications) free and clear of all
City without any restrictions or
circulation improvements for said public right of
recorded and unrecorded monetary liens, any delinquent
qualifications.
way.
property taxes or assessments, and all tenancies, lessees,
Responsible party:
occupants, licensees, and all possessory rights of any kind
Irvine Company
or nature.
® Completed
COMPL
ETE
In addition, upon the conveyance, there shall not any
violation of any law, rule, or regulation affecting thea public
its including law
No longer applicable due to dedication of
Avocado parcel on October 17, 2008, as
right of way or use, any environmental or
described in Section 4.6 Paragraph 1
regulation, and Landowner shall be responsible for causing
below. Avocado parcel dedication
said condition to be satisfied.
documented in 2008 Annual Report.
Open Space
Section 4.6
Landowner shall dedicate to City (through the
Landowner shall convey the Open Space Parcel for open
Check below if the answer to (i) or (ii) is
Dedication
Paragraph 1
recordation of a grant deed) the open space
space or public facilities purposes, to City free and clear of
"yes."
parcel in Newport Center comprised of
all recorded and unrecorded monetary liens, any delinquent
❑ (i) City has awarded a construction
approximately 3.18 acres of land area,
property taxes or assessments, and all tenancies, lessees,
contract for the construction of City Hall
bounded on the north by the Orange County
occupants, licensees, and all possessory rights of any kind
at any location within the City
Transportation Authority site, the east by
or nature.
Date: Not Applicable
MacArthur Boulevard, the south by San Miguel
Drive, and the west by Avocado Avenue
® (ii) the option to purchase the Option
("Open Space Parcel"),within thirty (30) days
Site has terminated as provided in
after the earliest of the following: (i) City has
Section 4.8.1 of Development
awarded a construction contract for the
Agreement No. DA2007-002.
construction of City Hall at any location within
Date: May 27, 2008
the City or (ii) the option to purchase the Option
Within 30 days after the earliest of oneof
Site has terminated as provided in Section
the two events listed above, Landowner
4.8.1 of Development Agreement No.
shall dedicate City (through the
DA2007-002.
recordation of a grant deed) the open
a
COMPLETE
2
space parcel in Newport Center comprised
of approximately 3.18 acres of land area
® Check this box once the grant deed has
been recorded.
Date: October 17, 2008
Annual Report — 2017 (January 2018)
North Newport Center Zoning Implementation and Public Benefit Agreement — Expires August 2032
20
11
Type of Fee,
Contribution or
Dedication
Development
Agreement
Reference
Timing/Milestone
PaymentlContributionlDedication
Status
Open Space
Section 4.6
Not specified
Landowner shall, at its sole cost and expense, cause a title
® Check this box once Landowner, at its
Dedication
Paragraph 1
company selected by City to issue to City an owner's policy
sole cost and expense, has caused a
of title insurance for the Open Space Parcel with liability in
title company selected by City to issue to
CO1`0PLETE
2
an amount reasonably determined by City (but not
xceedi n the fair market value of the Open Space Parcel)
City an owner's policy of title insurance
for the Open Space Parcel
OOE
howing fee title to the Open Space Parcel vested in City,
Date: October 17, 2008
free and clear of the liens, rights, and encumbrances
Responsible party:
referred to in Section 4.6 of Development Agreement No.
Irvine Company
DA2007-002.
Retrofit Sprinkler
Section 4.9
The Newport Center Drive system retrofit shall
Landowner shall retrofit the existing sprinkler systems in the
Check each box below upon implementa-
Systems
Paragraph A
be completed by June 2008.
Newport Center Drive parkways and medians to low flow
tion of the corresponding low flow
technology with the following specifications:
technology listed to the left.
COMPLETE
2(1)
The control system must monitor and adjust itself not
less than daily, using either evapotranspiration rates for the
® (1)
®(2)
Corona del Mar microclimate or soil moisture levels
®
monitored at enough locations in the irrigation area as to
(3)
cover each soil and slope type in Newport Center.
® (4)
(2) The control system must adjust to rain conditions to limit
or eliminate watering during rain events.
® Check this box once the Newport
(3) The sprinkler heads must eliminate overspray onto
Center Drive system retrofit is
roads, sidewalks, and other hardscape either by using
completed.
highly targeted heads that only water the plant material or
Date: November 1, 2008
by using a sprinkler-like wicking system, such as the
Responsible party:
Jardiniere system
Irvine Company
(4) The performance of the sprinkler systems must be
monitored on a regular basis. Landowner agrees to install
flow meters to detect line and/or sprinkler head breaks
when wireless flow meter technology is proven and
commercially available.
Annual Report — 2017 (January 2018)
North Newport Center Zoning Implementation and Public Benefit Agreement — Expires August 2032
21
12
Type of Fee,
Contribution or
Dedication
Development
Agreement
Reference
Timing/Milestone
PaymentiContributioniDedication
Status
Retrofit Sprinkler
Section 4.9
The Fashion Island retrofit shall be completed
Landowner shall retrofit the existing sprinkler systems in the
Check each box below upon
Systems
Paragraph A
in phases in conjunction with the water quality
landscape areas within Fashion Island to low flow
implementation of the corresponding low
enhancements in Section 4.9B of the
technology with the following specifications:
flow technology specification listed to the
Development Agreement.
(1) The control system must monitor and adjust itself not
left.
less than daily, using either evapotranspiration rates for the
® (1)
COKIPL
T 2009
or soil moisture levels
Corona del Mar ugh locations
monitored at enough locations in the irrigation area as to
®(2)
(3)
cover each soil and slope type in Newport Center.
(2) The control system must adjust to rain conditions to limit
® (4)
or eliminate watering during rain events.
(3) The sprinkler heads must eliminate overspray onto
® Check this box once the Fashion Island
roads, sidewalks, and other hardscape either by using
retrofit is completed
highly targeted heads that only water the plant material or
Date: December 2009
by using a sprinkler-like wicking system, such as the
Sprinkler retrofit is 100% complete.
Jardiniere system
Responsible party:
(4) The performance of the sprinkler systems must be
Irvine Company
monitored on a regular basis. Landowner agrees to install
flow meters to detect line and/or sprinkler head breaks
when wireless flow meter technology is proven and
commercially available.
Fashion Island
Section 4.9
Not specified
Landowner commits to expend a minimum of $1 million to
For the year 2014, indicate the amount
Water Quality
Paragraph B
enhance the water quality treatment (which could include
expended to enhance the water quality
Enhancements
bio-filtration, media filtration or other technology) of those
treatment of those surface parking areas
surface parking areas of Fashion Island which are not
in Fashion Island:
COMPL
T E 2 014
otherwise included within the new development or
redevelopment projects.
For 2014 $47,300
Cumulative Total —see page 19
Landowner has full discretion as to the treatment methods
for additional information $1,030,674
utilized and improvement phasing, to ensure that the
® Completed
improvements integrate with the water quality treatment
The amount spent above is
plans of the new development areas.
as of December 31, 2014.
Responsible party:
Irvine Company
Annual Report — 2017 (January 2018)
North Newport Center Zoning Implementation and Public Benefit Agreement — Expires August 2032
22
13
Type of Fee,
Development
Contribution or
Agreement
Dedication
Reference
Timing/Milestone
PaymentlContributionlDedication
Status
Fashion Island
Section 4.9
Annually. The first report is due by January 18,
Landowner agrees to make annual reports to the City
® Check this box when the 2014 Annual
Water Quality
Paragraph B
2009 (one year after the Effective Date of
regarding the progress of these enhancements including
Report is submitted to the City.
Enhancements
January 18, 2008).
the work performed and the amount expended.
Date: January 16, 2015
Maintenance was conducted on the water
quality treatment systems. See page 19 for
COMPLETE
2
additional information for year 2014.
Responsible party:
Irvine Company
Cooperation of
Section 4.10
If City elects to construct a new City Hall on the
Landowner shall cooperate in good faith with City to
® Check this box if the City elects to
Landowner if City
Paragraph 1
property located on the east side of Avocado
implement any necessary land use regulations, including
construct a new City Hall on the site
Hall Constructed on
Avenue, north of the Central Library
zoning amendments, and to release and terminate the use
north of the Central Library.
Property North of
Library
restrictions contained in the deed for the property to allow
for and accommodate construction of a new City Hall on
that site
❑ Check this box once Landowner has
cooperated in good faith with the City
and has released and terminated the
use restrictions contained in the deed
COMPLETE
2
for the property.
Date: May 20, 2008
Responsible party:
Irvine Company
Dedication of Lower
Section 4.11
Upon issuance of the First Building Permit
Landowner shall dedicate to City the Lower Castaways site
❑ Check this box once the first building
Castaways
Paragraph 1
for municipal or municipally sponsored uses allowed under
permit has been issued.
COMPL
T 2008
the General Plan's Recreational Marine Commercial
designation, such as park, marine educational facility,
marine research and conservation facility, or marine and
harbor dependent service and support uses and other
similar uses in furtherance of the Tidelands Trust.
Date: Not Applicable
® Check this box once the Lower
Castaways site has been
dedicated to the City
Date: October 17, 2008
Responsible party:
Irvine Company
Dedication of Lower
Section 4.11
Not specified
The property shall have a deed restriction in favor of
® Check this box once a deed restriction
Castaways
Paragraph 1
Landowner which shall restrict the City's use of the property
has been issued in favor of the Land -
such uses (listed in the row above), and allow the City to
with a for profit ornon-profit entity to operate
owner for the Lower Castaways site
Date: October 17, 2008
Vcontract
TE 20 $to
certain municipal facilities or to use the property in
furtherance of such uses; provided that the City may not
transfer the property, by sale or long-term lease to any
private, for-profit company for any commercial boat marina.
Responsible parties:
Irvine Company and the City of
Newport Beach
Annual Report — 2017 (January 2018)
North Newport Center Zoning Implementation and Public Benefit Agreement — Expires August 2032
23
14
Ongoing Obligations and Public Benefits
The table below lists ongoing obligations from Irvine Company and additional public benefits resulting from Development Agreement
No. DA2007-002 referenced above and as amended in August 2012. Ongoing obligations and public benefits listed in the table below
are from various sections of the Development Agreement, not including Section 4, Public Benefits. The Implementation and Document
Compliance with AHIP is the remaining obligation and will be reported on in the Year 2017 Annual Report.
Type of Fee,
Development
Contribution or
Agreement
Dedication
Reference
Timing/Milestone
Payment/Contribution/Dedication
Status
Implement and
Section 3
Implementation schedule:
TIC must implement and document compliance with
Check the appropriate box once an
Document
Certificate of use and occupancy for 100th
the Affordable Housing Implementation Plan ("AHIP")
affordable housing agreement has been
Compliance with
market rate unit / one-third of required units.
as amended and adopted in August 2012.
executed and recorded for each phase
AHIP
' Certificate of use and occupancy for 200th
below
market rate unit / one-third of required units.
Affordable Housing Agreement
Certificate of use and occupancy for 3001h
Executed: August 5, 2015
market rate unit I one-third of required units.
Recorded: September 15, 2015
Affordable housing agreement will be executed and
100th market rate unit
recorded for designated affordable units in The Bays
Date: October 6, 2017
apartment complex before the point where a
200th market rate unit
certificate of use and occupancy is issued for the
Date: October 6, 2017
related market rate units.
300th market rate unit
Date: October 6, 2017
Responsible party:
Irvine Company IL
Pubic Benefit Fee
Section 6
A fee shall be paid for the 431 s' unit and all
A total of $63,000.00 per unit for the additional 94
Building permit issuance for units
(Amendment)
subsequent units at the time the building permit is
units approved in 2012 shall be paid. The total
431 through 524.
issued
payment is $5,922,000.00
Date: November 3, 2014
0.000
COMPLETE
2
Respon
el Cle ompany
Public Benefit Fee
Section 7
Prior to issuance of each building permit a Public
TIC shall pay $26,046.51 per unit for each of the
Amount paid by TIC to
for Parks
(Amendment)
Benefit Fee for parks shall be paid on or before
additional 94 residential units added to the NNCPC.
City for Public Benefit Fee
July 1, 2013.
for Parks: $2.448.371.94
COMPLETE
2013
Da1, 2013
Responsible party:
Irvine Company
Irvine Company
® complete"
`Amount was paid on or before July 1, 2013
but not reported in the 2013 Annual Report
Annual Report — 2017 (January 2018)
North Newport Center Zoning Implementation and Public Benefit Agreement — Expires August 2032
7
15
Type of Fee,
Development
Contribution or
Agreement
Dedication
Reference
Timing/Milestone
Payment/Contribution/Dedication
Status
Development of
Sections 6.7 and
TPO approval and compliance with the fair share
Since the City will not be developing the Option Site
® Check this box when TPO approval
Option Site with
7.1
traffic fee requirements must occur before TIC can
with 72,000 square feet:
and compliance is attainted
72,088 Square Feet
of office use
develop the Option Site.
TIC must conduct a traffic analysis, provide traffic
Date: August 7, 2008
mitigation in compliance with the Traffic Phasing
Responsible party:
Ordinance pay the applicable Fair Share
Traffic Fees, and obtain TPO approval from the
Irvine Company
C O
P LETE
2
Commission
Planning Commission (appeal goes to City Council)
before it can develop the Option Site with 72,000
square feet of office use.
Complete
Section 7.3
No later than the earlier of: (1) the date the City
Complete construction of a third eastbound left turn
® Check this box once lane
Construction of a
issues the certificate of occupancy for any new
lane at the intersection of MacArthur Boulevard and
construction is complete
Third stbo d
Le ur a
ter ion
I
PL
it t
o the Fir Buil ' g iol)or
ecl ica ex u In th u i r a
P 9Y
d t
San Joaquin Hills Road (within the existing right of
P Ye
wa exce t for an needed dedication at theResponsible
Date: October 2012
party:
a
ng ruc r (2) e s
southwest comer).
Irvine Company
Ma r
he ffe te.
and San Joaquin
60 months after the Effective Date is January 18,
Hills Road
2013 (60 months after January 18, 2008).
Reimbursement for
Section 8
Payment by Landowner to City within 90 days after
No more than $200,000.00 reimbursement for actual
Amount paid by Landowner
Bayside Walkway
(Amendment)
receipt of written notice that contract for project
costs for plans, specifications, permits and/or
to City: $152,257.22
Connection
construction has been awarded.
construction.
Date: July 5, 2014
Responsible party
COMPLETE
2
Irvine Company
®Complete
Annual Review of
Section 14
First annual review (including an updated tracking
The parties must conduct annual review of
® Check this box once the first annual
Compliance with
chart of built intensity and provision of public
compliance with California Government Code
review has taken place
Code Sections
benefits) must take place by January 18, 2009 (one
sections 65865 and 65865.1 and City of Newport
Date: January 16, 2009
year after the Effective Date of January 18, 2008).
Beach Municipal Code §15.45.070.
(City Council approval
COMPLETE
2 0 vv
TIC must document the current status of its
entitlement use (i.e., a tracking chart of built intensity)
and its provision of the public benefits identified in
February 24, 2009)
Responsible party:
Irvine Company
Section 4 of the Development Agreement.
Annual Report — 2017 (January 2018)
North Newport Center Zoning Implementation and Public Benefit Agreement — Expires August 2032
215
16
City Concurrence
By signing below, the City acknowledges its concurrence with the information presented in the
Annual Report.
City Acknowledgement
Signature
Title
Date
Annual Report Distribution
A complete Annual Report for North Newport Center shall be completed and distributed no later
than January 18 following each prior year to the individuals listed below.
City of Newport Beach
100 Civic Center Drive
Post Office Box 1768
Newport Beach, California 92658-8915
Attn: City Manager
City of Newport Beach
100 Civic Center Drive
Post Office Box 1768
Newport Beach, California 92658-8915
Attn: City Attorney
Irvine Company
550 Newport Center Drive
Newport Beach, California 92660-0015
Attn: Dan Miller
Latham & Watkins LLP
600 West Broadway, Suite 1800
San Diego, California 92101-3375
Attn: Christopher W. Garrett
Annual Report — 2017 (January 2018) 17
North Newport Center Zoning Implementation and Public Benefit Agreement — Expires 2032
20
4.4 Circulation Enhancements to Public Right of Way — Completed 2013
Section 4.4 of the North Newport Center Zoning Implementation and public Benefit Agreement requires that individual enhancement projects be
established through discussion with the City of Newport Beach Director of Public Works. The table below lists the individual projects resulting from those
discussions and the actual or estimated cost for individual project components as of December 31, 2013. Projects 1-4 were completed in 2012. Project 5
was completed in 2013. As shown in the table, the total Irvine Company contribution through a combination of direct construction costs and reimbursement
to the city exceeded the established maximum requirement of $ 2,500,000.
North Newport Center — Circulation Enhancements to Public Right of Way
Transportation Improvements Program
Completed December 31, 2013
1 As established in Section 4.4 of the 2011 North Newport Center Annual Report
2 Per North Newport Center, "Zoning Implementation and Public Benefit Agreement" — Section 4.4 (December 18, 2007)
3 Excluding City contributions of $125,000 (City Hall costs for Farallon City Hall site entry)
4 Direct costs to Irvine Company incurred outside of City Contract
6 Based on Contract awarded (6/14/11) including $51,000 of contingencies
6 Per Tony Brine's September 13, 2013 e-mail
7 Per $90,000 final cost, consisting of $51,200 in contractor costs (per 9113/13 e-mail from Tony Brine) and $38,800 spent by Irvine Company on project development and design
8 Per Irvine Company documentation
9 Per final contract costs provided by Irvine Company
11 Per Irvine Company's final project cost for design and construction
11 The total amount paid/contribute by Irvine Company, therefore, exceeds the Maximum Contribution by $85,025.
Annual Report — 2017 (January 2018)
North Newport Center Zoning Implementation and Public Benefit Agreement — Expires 2032
2�
lim
Cumulative CEC Total
Potential Contribution
Potential CEC
(Maximum Contribution
Remaining CEC
Project
Estimated Project Cost'
Contribution
Limited To $2,500,000)2
Commitment
1. San Miguel Widening and Intersection Improvements (MacArthur to west of Avocado)
including:
il
- Signal modifications at MacArthur and Avocado
- Relocation of NW corner entry monument and pine tree replacement
Contract Cost = $1,355,6503
Ci Rei u ent $ 0
CIOSA Funding = 450,330
Cos 42 8884
(Complete 2012
Remaining Cost = $ 9QW20
0 0 r = $ 948,208
$948,208
$1,551,792
2. Upgrade Existing Newport Center Traffic Signals (City Project No. C3002009)
li�00"
including:
- Interconnection of Signals
0000
- Traffic Signal @ Anacapa/Newport Center Drive (Partial)
Signal Modifications @ San Miguel/Newport Center Drive (Complete
00
iiiiiii,
(Complete 2012
$920,9645
$910,4836
$1,858,691
$641,309
3. Newport Center Drive Parking Revisions
(Complete 2012)
$90,000
$90,0007
1 $1,948,691
$551,309
4. Add fourth leg to Center Drive intersection wite d signalize
po
(Complete 2012 CIA,
$300,0008
$354,4969
$2,303,187
$196,813
5. Operational Improvements to streeffadjaceilhI31111111WW500 and 600 of Newport
Center Drive (Santa Rosa RevisionlilligJAIrvine Company)
(Complete 2013
$240,828
$278,83810
$2,582,02511
-0-
1 As established in Section 4.4 of the 2011 North Newport Center Annual Report
2 Per North Newport Center, "Zoning Implementation and Public Benefit Agreement" — Section 4.4 (December 18, 2007)
3 Excluding City contributions of $125,000 (City Hall costs for Farallon City Hall site entry)
4 Direct costs to Irvine Company incurred outside of City Contract
6 Based on Contract awarded (6/14/11) including $51,000 of contingencies
6 Per Tony Brine's September 13, 2013 e-mail
7 Per $90,000 final cost, consisting of $51,200 in contractor costs (per 9113/13 e-mail from Tony Brine) and $38,800 spent by Irvine Company on project development and design
8 Per Irvine Company documentation
9 Per final contract costs provided by Irvine Company
11 Per Irvine Company's final project cost for design and construction
11 The total amount paid/contribute by Irvine Company, therefore, exceeds the Maximum Contribution by $85,025.
Annual Report — 2017 (January 2018)
North Newport Center Zoning Implementation and Public Benefit Agreement — Expires 2032
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4.9 B. Fashion Island Water Quality Enhancements - Fashion Island Parking Areas
Fashion Island WQMP Master Plan and Treatment - A master treatment plan has been created
for all parking lot surface areas in Fashion Island, taking into consideration timing of development
phasing, maximizing treatment potential for non -development areas and implementing construction
efficiencies for cost minimization.
Technical oversight on treatment design and selection to meet State Water Quality Treatment
requirements utilizing bio -retention, media filtration and other technology was provided by Stantec
Civil Engineering, NMG Soil Engineering and Geosyntec Engineering, a leading bio -retention
engineering company.
The proposed treatment plan when fully implemented would treat 95% of the parking lot surface
areas and 95% of building and hardscape areas. The treatment design will include four bio -retention
systems and six media cartridge vault systems designed to treat a total tributary area of 1,687,617
square feet of surface parking area, including 1,539,099 square feet of Non-lievelopment area. An
additional 1,283,180 square feet of retail building area, including 1,096,65 uare feet of Non -
Development area, will be treated as a result of utilization of existing s ystems. Nineteen
percent of non -development tributary area will be treated b Netion systems with the
remaining 81% treated by media cartridge vault. Additional a improvements will occur in
future years.
The following tables identify the Non -Develop Quality Treatment from 2008 through
December 31, 2014, and the compliance to a Ith tion 4.9, Paragraph B of the Development
Agreement. Water quality treatment �n 14 include maintenance of the water quality
treatment systems.
Fashion Island Non-Dev klclontater Quality Treatment - Completed 2014
Compliance to Date, Section 4.9, Paragraph B - Development Agreement
Commitment
Existing Enhancement
-
Non111,
Commitment
To -Dale
Remaining Commitment
$1,000,000
$983,374
$47,300
$1,030,674
$0
Tributary
Dev la n
Operational
Total Cost
Total Cost
Total Cost
Total Cost
Total Cost
Total Cost
Total Cost
Location/Name
Area (sf)r
ea st
Cost
Total Cost
2008
2009
2010
2011
2012
2013
2014
1
BIdg.
2
4 $121,709
-
$121,709
-
-
-
-
$121,709
-
and CB
3
16,273 $10,932
-
$10,932
-
$10,932
-
-
Frontage
3
Bldg. D
58,735
4,000 $88,748
-
$88,748
-
-
$88,748
4
PS2
160,453
102,727 $99,020
-
$99,020
-
$99,020
-
5,6
Center
406,642
349,787 $217,957
-
$217,957
-
-
-
$217,957
Drive
7,8
Eastside
871,133
432,234 $282,158
1 $250
1 $282,408
$112,961
$169,447
-
-
-
-
Maintenance
-
- I -
I -
I -
-
-
1 $34,000
1 $34,000
1 $47,300
1 $47,300
1 $47,300
Total $731,776
1 $250
1 $732,026
$112,961
$279,399
1 $34,000
1 $34,000
$386,966
1 $136,048
1 $47,300
1 This figure represents the total area treated and includes Development and Non -Development areas.
2 This figure represents only the Non -Development parking lot surface areas treated.
Compliance to Date, Section 4.9, Paragraph B - Development Agreement
Commitment
Existing Enhancement
2014
Enhancement
Commitment
To -Dale
Remaining Commitment
$1,000,000
$983,374
$47,300
$1,030,674
$0
Annual Report - 2017 (January 2018)
North Newport Center Zoning Implementation and Public Benefit Agreement - Expires 2032
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